Media reports based on the testimony of co-conspirator,
Renae Lawrence, claim that Nguyen (going by the alias of David), from
Wellington Point in
Brisbane, Queensland, had arranged an earlier attempt at trafficking from Indonesia to Australia. This attempt in December 2004 involved Lawrence,
Andrew Chan,
Matthew Norman and others. The delivery was aborted when heroin suppliers failed to deliver "due to a financial matter or someone knowing about the plan the shipment was cancelled". Further media reports, again based on court testimonies, claim that Nguyen met
Michael Czugaj and
Scott Rush (both Brisbane school friends) in a
pub in
Fortitude Valley where Nguyen reportedly offered Rush and Czugaj an all-expenses-paid trip to Bali. Arriving in Bali on or about 8 April 2005, Rush and Czugaj met co-ringleaders
Myuran Sukumaran and Andrew Chan at the Hard Rock Hotel, All were later convicted of drug trafficking as fellow members of the Bali Nine.
Arrest in Indonesia Approximately 20 minutes after checking in, Nguyen was arrested at the Melasti Hotel in Kuta on 17 April 2005 with Matthew Norman, Myuran Sukumaran and Si Yi Chen. Indonesian police claim the group were in possession of of heroin and bundles of plastic wrapping, Elastoplast tape, and a set of scales, indicating involvement in a plan to transport drugs to Australia. and there was criticism of the role of the AFP in protecting the interests of Australian citizens. Commenting on the matter at the time, AFP
Commissioner Mick Keelty was reported as saying: Rush took action in the
Federal Court of Australia against the AFP for breach of the
bilateral treaty between Indonesia and Australia when information was handed by the AFP to the Indonesians. Rush's case claimed that such information should only be released by the
Attorney-General. However, the Commonwealth Government maintained that the treaty only applies after a suspect is charged. The application was dismissed by the Federal Court in January 2006. ==Criminal trial==