The Commonwealth conviction was quashed after the Commonwealth Director of Public Prosecutions conceded Mokbel's leave for appeal should be granted and the conviction set aside.
Rowena Orr, QC, lawyer for the Commonwealth, said the director would not pursue a retrial. Mokbel has served the 12-year sentence he was given for the cocaine importation charges.
"The director has already determined in this matter to not conduct a retrial," Ms Orr said.
"Given that the applicant has served his sentence, the director has made that determination."
Justice Maxwell said the question of a retrial had not yet been decided.
"We reserve for further consideration, the question of whether following that quashing, there should be an order for retrial or an order for a verdict of acquittal be entered," he said.
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