Fears man who allegedly bribed Australian Border Force employee to smuggle drugs could be killed on bail: court

News.com.au

a day ago

A man accused of bribing an Australian Border Force employee with gifts to smuggle in nearly 7kg of cocaine into the country has allegedly been threatened behind bars, sparking concerns he could be killed if released on bail.
Cosmo Commisso, 67, allegedly conspired with Australian Border Force (ABF) employee Rita Gargiulo, 51, to get a 6.9kg parcel of cocaine through an ABF examination and into the country.
Mr Commisso, alleged to be an organised crime figure in court documents seen by NewsWire, allegedly gave Ms Gargiulo cash, jewellery and designer accessories in exchange for information to get drugs through the border.
Ms Gargiulo was allegedly able to search cargo systems and decide if parcels needed to be flagged for examination as part of her role as an ABF supervisor, the Australian Federal Police previously alleged.
She and Mr Commisso allegedly used burner phones for 'clandestine' communications over a nine-month period during which it was suggested Mr Commisso gained knowledge of ABF operations, a court was told.
Prosecutors on Thursday fought against an application for Mr Commisso's bail, arguing he may fail to front court if released as he may be killed or seriously injured.
The Director of Public Prosecutions (DPP) prosecutor Melanie Moss told the court Mr Commisso had already sought protective custody over claims 'all bikie gangs have put a threat against me through my family'.
'I confess, I've not previously heard or considered a concern with respect to an application failing to appear as a result of being hospitalised or killed by others,' Justice Hament Dhanji said.
He argued Mr Commisso's safety was at higher risk while in jail, a 'notoriously dangerous place'.
'(The) presence of persons in jail to settle grievances or scores is common,' Justice Dhanji said.
The court was also told Mr Commisso, who suffers from several health conditions including diabetes, had complained he wasn't receiving access to medications in prison, which Justice Dhanji accepted could cause him anxiety.
His health conditions also satisfied Justice Dhanji that he was unlikely to be a flight risk if released.
Justice Dhanji noted the charges were 'extremely serious' and would likely result in a significant jail term if Mr Commisso were to be convicted when handing down his decision.
He found there was no possible risk of Mr Commisso reoffending in the same way given Ms Gargiulo was also charged, and it was unlikely he'd risk reoffending while on bail.
Mr Commisso was ultimately granted bail under a set of extensive and strict conditions, including home detention conditions and requirements preventing him from using or possessing a smartphone or encrypted communication devices including Snapchat and Telegram.
He's also been barred from going within 500m of any international point of departure or getting a passport, and he cannot have more than one mobile phone.
He was also required to put up $1.6m in security.
Ms Gargiulo was also granted bail on Thursday, the conditions of which also prevent her from going within 500m of any point of international departure.
She also had to surrender her passport prior to her release.
Both Ms Gargiulo and Mr Commisso have been ordered not to contact each other, nor two other alleged co-offenders Daniel Nuumaalii and Ali Riza Eren.
Mr Commisso was charged with import a commercial quantity of a border controlled drug, communicating and dealing with information by non-Commonwealth officers, and bribe a Commonwealth public official, while Ms Gargiulo was charged with aid and abet importation commercial quantity of a border controlled drug, commonwealth public official receive bribe, official abuse public office to gain advantage and commonwealth officer disclose information.
Mr Nuumaalii, 25, was charged with possess commercial quantity unlawful import: border controlled drug, while Mr Eren, 65, was charged with import commercial quantity of border controlled drug and attempted possess commercial quantity unlawful import: border controlled drug.