High level Melbourne drug dealer and standover man Rocco Arico is appealing against his drug trafficking conviction, arguing he was joking when he offered to sell an associate $145,000 worth of drugs.
Arico was sentenced in the Victorian County Court last year to 14 years in jail for trafficking methylampthetamine, as well as extortion and intentionally causing serious injury over an unpaid drug debt.
He will likely be deported back to Italy on his release.
Arico was found guilty by a jury of trafficking a commercial quantity of drugs over a recorded conversation in which he offered to sell an associate, who cannot be named, $145,000 worth of the drug ice.
He appeared in the Victorian Court of Appeal surrounded by four specially-trained Security and Emergency Services Group guards, to appeal against that conviction.
Defence barrister Paul Holdenson QC told the court there was insufficient evidence for a jury to have found beyond reasonable doubt that Arico's offer to sell the man drugs was genuine.
"The demeanour of the voices is consistent with … bullshit," he said.
"It's just mucking around, messing around … just jesting, joking … testing the bloke out."
Mr Holdenson said Arico had never intended to sell drugs to the man and there was no evidence he had access to that quantity of drugs.
During his trial, Arico told the jury he "didn't intend to sell him drugs, I was just sussing him out".
But Mr Holdenson conceded the jury had heard evidence that Arico had previously supplied the man with $350,000 worth of drugs and that he had transported drugs interstate for Arico to help repay a drug debt.
Arico has also argued evidence about a gun being found in his motor-scooter at the time of his arrest should not have been included in the trial.
He is also appealing against his nine-year sentence for drug trafficking, arguing it was excessive because he did not actually sell the man drugs.
The Court of Appeal will hand down its judgment at a later date.
