VIC Prosecution and new evidence

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Porkncheese

Active Member
5 July 2016
10
1
34
I have been informed that the prosecution will be using new evidence.
This information was only put to me less than a week before the hearing and it gives me cause for concern seeing I am representing myself.

They went to my mobile phone provider, optus, and obtained my phone info.
They are using GPRS to show that I was in the area during the alleged crime.
However I learnt that GPRS is not an accurate way to position someone's location. Its not GPS but a way that your mobile sends data over the internet.

In fact there are several errors on it showing that I was somewhere at a certain time and then 1 minute later showing that I am on the other side of town. There are over 5 of these anomalies claiming that I'm in 2 places at once.
It also has me positioned here there and everywhere during the days where I was at work. At one location

Can police do this? Obtain phone records and use them as evidence?
Can they actually read the texts that where sent or only who they were sent to?
How should I best point out to the judge that this GPRS is far from accurate and cannot be taken as conclusive evidence?

What should I do?

Can I apply to have the hearing adjourned in order to work on my defence for this new evidence?
Can I call for this evidence to be inadmissible?
 

Tony Danos

Lawyer
LawTap Verified
29 November 2016
248
37
719
Victoria
lawtap.com
I have been informed that the prosecution will be using new evidence.
This information was only put to me less than a week before the hearing and it gives me cause for concern seeing I am representing myself.

They went to my mobile phone provider, optus, and obtained my phone info.
They are using GPRS to show that I was in the area during the alleged crime.
However I learnt that GPRS is not an accurate way to position someone's location. Its not GPS but a way that your mobile sends data over the internet.

In fact there are several errors on it showing that I was somewhere at a certain time and then 1 minute later showing that I am on the other side of town. There are over 5 of these anomalies claiming that I'm in 2 places at once.
It also has me positioned here there and everywhere during the days where I was at work. At one location

Can police do this? Obtain phone records and use them as evidence?
Can they actually read the texts that where sent or only who they were sent to?
How should I best point out to the judge that this GPRS is far from accurate and cannot be taken as conclusive evidence?

What should I do?

Can I apply to have the hearing adjourned in order to work on my defence for this new evidence?
Can I call for this evidence to be inadmissible?
Is this a hearing before a jury or Magistrate? Firstly, definitely admissible although relevance may be questionable as per the raised anomalies. An adjournment would probably be granted if you need time to assess or get your own expert. There are a lot of variables that your lawyer should consider.
Regards
 
  • Like
Reactions: Timnuts

Porkncheese

Active Member
5 July 2016
10
1
34
Thanks for your reply Tony.

The hearing is before a magistrate. I don't have a lawyer because I simply cannot afford one given my work situation.

I have done so much homework on the law, criminal court procedure and basically anything regarding my case.
I built my defence complete with documented evidence in form of a tax invoice receipt and a witness alibi.
I had everything ready to go for this Thursday and was confident in being acquitted. And now I learn of this.

I definitely need time to assess. Haven't even spoken to optus yet because of the Easter weekend I cant get a hold of anyone.
I need to raise these anomalies to the judge but how. Do I have the informant read the anomalies and ask her if this evidence is beyond reasonable doubt?

An expert is what I had in mind as well. Someone from optus would be ideal. But how do you persuade someone to give up a day and come to court for me?

This whole case has had a lot of variables I've had to consider and there are probably things I have missed or overlooked.
I'm certain there is a bunch of variables just on this latest piece of evidence and I need more time to assess it.

Aside from the anomalies and the technical facts about GPRS.
Just because this says I was in a nearby suburb close to the time of the allegation it does not mean I was at the address and committed a crime.
 
  • Like
Reactions: Timnuts

Gorodetsky

Well-Known Member
21 February 2016
146
35
459
Hi porkncheese,
Actually, it's all evidence about your phone, not necessarily you. Hard to remember that we can be separated from our devices i know.

I'm not a solicitor, but the question about the quality of the data was interesting to me...
I found this document, which you've probably already seen,
http://www.publicdefenders.nsw.gov.au/Documents/safeunsafemobilephones.pdf

And this forum, which appears international...But i expect Aussie tech People might also read it...Click forums, then mobile phone forensics

Digital Forensics, Computer Forensics, eDiscovery | ForensicFocus.com

They may answer some of your tech questions. Keep in mind Aussie cops may be on that site too.

Ordinarily, I'd recommend you get a solicitor...and pay for a tech person to look at the data...But you've already said you don't have the cash...

So....Good luck!

Let us know how things turn out...

Regards
Gorodetsky
 
  • Like
Reactions: Timnuts

Tony Danos

Lawyer
LawTap Verified
29 November 2016
248
37
719
Victoria
lawtap.com
Thanks for your reply Tony.

The hearing is before a magistrate. I don't have a lawyer because I simply cannot afford one given my work situation.

I have done so much homework on the law, criminal court procedure and basically anything regarding my case.
I built my defence complete with documented evidence in form of a tax invoice receipt and a witness alibi.
I had everything ready to go for this Thursday and was confident in being acquitted. And now I learn of this.

I definitely need time to assess. Haven't even spoken to optus yet because of the Easter weekend I cant get a hold of anyone.
I need to raise these anomalies to the judge but how. Do I have the informant read the anomalies and ask her if this evidence is beyond reasonable doubt?

An expert is what I had in mind as well. Someone from optus would be ideal. But how do you persuade someone to give up a day and come to court for me?

This whole case has had a lot of variables I've had to consider and there are probably things I have missed or overlooked.
I'm certain there is a bunch of variables just on this latest piece of evidence and I need more time to assess it.

Aside from the anomalies and the technical facts about GPRS.
Just because this says I was in a nearby suburb close to the time of the allegation it does not mean I was at the address and committed a crime.
Unfortunately, too much to answer. Why don't you ring me or text me your number and we can talk.
 
  • Like
Reactions: Timnuts