A jury has found a Queensland man not guilty of possessing more than 2.5 kilograms of heroin imported from Vietnam to a Queensland nail salon.
Van Dung Vu, 37, was charged in 2021 with possession of a dangerous drug in excess of 200 grams after the Australian Border Force investigated a package destined for the Mackay business.
The Supreme Court in Mackay heard the heroin was found stashed in boxes of disposable gloves.
Testing indicated 1.5kg of it was "pure", with police replacing the substance with an inert replica and allowing the package to continue on its journey.
Crown prosecutor Tiffany Lawrence called four police officers as witnesses.
One police witness, Constable Daniel Viliamu, told the court that police coordinated a sting operation where an undercover officer took the consignment to Kathy's Nail Spa and Beauty in Mackay.
Constable Viliamu told the jury he trailed Mr Vu from Caneland Central car park and observed him stopping the car several times, including once to check the contents of the package.
Another police witness, Constable Luke Erba, told the jury about photos taken on Mr Vu's phone of the white substance, which he sent to two different phone numbers.
The Supreme Court heard that the case hinged on whether Mr Vu believed the package contained heroin.
'Scammed'
During Mr Vu's court examination he told the jury he had been expecting a package of cigarettes and had never signed up to receive any drugs.
Mr Vu said he was a baker and was in-between jobs when he responded to an advertisement on Facebook to receive a parcel from Vietnam.
"I thought that in terms of paying tax and avoiding tax … although it is the wrong thing, [I thought] it was not so serious," Mr Vu said via his translator.
The court heard he agreed to receive the package in exchange for $5,000.
Mr Vu's defence barrister Gavin Webber asked the jury in his closing argument why Mr Vu would have used his own personal phone to call the courier service to enquire about the package if he suspected there would be heroin in it, or why he would have sent those messages.
"He's been scammed into receiving these drugs," Mr Webber told the jury.
Mr Webber said his client had no previous criminal history and there was no suggestion brought by police that Mr Vu was involved in any organised crime.
As a schedule one drug, Mr Vu faced up to 25 years in jail if convicted.
The six-man, six-woman jury returned their not guilty verdict on Tuesday after the three-day trial.
