A legitimate cocoa import company could have been a cunning Trojan horse in which to hide cocaine importation, but lawyers for two accused men say there's no evidence to prove it.
Mexican nationals Eduardo Radamez Chavez Gonzalez, 34, and Gabriel Altamirano Galindo, 35, are charged with importing 300kg of cocaine into Victoria alongside coffee, cocoa and salsa from Mexico.
Chavez Gonzalez is also charged with drug possession. Both deny all allegations.
During Tuesday's committal hearing, defence barrister Peter Morrissey SC panned the prosecution's circumstantial case.
"What the prosecution have here is a theory, nothing more than a theory, that is consistent with some of the evidence," he said.
He says Chavez Gonzalez was operating a legitimate import business for cocoa, coffee and salsa and not an operation off which to "piggyback import" cocaine, as prosecutors allege.
They had business and marketing plans, a website, thoughts of opening a shop and appeared to be set up "for the long haul", Mr Morrissey said.
He said it could appear as a cunning front or Trojan horse, but nothing more could be done to prove it was a legitimate business, and he called out the prosecution for failing to get an expert to prove otherwise.
He also said while Chavez Gonzalez was the import carrier, there was "not one squeak of evidence" he knew there were drugs in the boxes.
Chris Carr, for Altamirano Galindo, said his client had opened his bank account for police, given them codes for his devices and used his own name to obtain a phone SIM card, painting a picture of innocence rather than guilt.
He suggested photographic evidence on Altamirano Galindo's phone could have been placed there remotely by someone overseas, and denied allegations his client had deleted WhatsApp messages between himself and Chavez Gonzalez.
The committal earlier heard the drugs, worth $105 million, were allegedly discovered during a raid on an Altona business last November.
Prosecutor Kevin Armstrong admitted the case was circumstantial but said evidence could infer both men had knowledge or belief that there were drugs in the consignment.
He said the idea the pair were using the import business as a "piggyback importation" could not be reasonably excluded.
The pair will return to court on September 18 for magistrate Susan Wakeling's decision.
Australian Associated Press