In short, Electron thought, there didn't seem to be much chance of winning at the committal hearing. Nom seemed to feel the same way. He faced two counts, both `knowingly concerned' with Phoenix obtaining unauthorised access. One was for NASA Langley, the other for CSIRO--the Zardoz file. Nom didn't fight his committal either, although Legal Aid's refusal to fund a lawyer for the procedure no doubt weighed in his decision. On 6 March 1991, Magistrate Robert Langton committed Electron and Nom to stand trial in the Victorian County Court. Phoenix, however, didn't agree with his fellow hackers' point of view. With financial help from his family, he had decided to fight his committal. He wasn't going to hand this case to the prosecution on a silver platter, and they would have to fight him every step of the way, dragging him forward from proceeding to proceeding. His barrister, Felicity Hampel, argued the court should throw out 47 of the 48 charges against her client on jurisdictional grounds. All but one charge--breaking into the CSIRO machine in order to steal Zardoz--related to hacking activities outside Australia. How could an Australian court claim jurisdiction over a hacked computer in Texas? Privately, Phoenix worried more about being extradited to the US than dealing with the Australian courts, but publicly he was going into the committal with all guns blazing. It was a test case in many ways; not only the first major hacking case in Australia but also the first time a hacker had fought Australian committal proceedings for computer crimes. The prosecution agreed to drop one of the 48 counts, noting it was a duplicate charge, but the backdown was a pyrrhic victory for Phoenix. After a two-day committal hearing, Magistrate John Wilkinson decided Hampel's jurisdictional argument didn't hold water and on 14 August 1991 he committed Phoenix to stand trial in the County Court. By the day of Electron's committal, in March, Electron's father had begun his final decline. The bowel cancer created a roller-coaster of good and bad days, but soon there were only bad days, and they were getting worse. On the last day of March, the doctors told him that it was finally time to make the trip to hospital. He stubbornly refused to go, fighting their advice, questioning their authority. They quietly urged him again. He protested. Finally, they insisted. Electron and his sister stayed with their father for hours that day, and the following one. Their father had other visitors to keep his spirits up, including his brother who fervently beseeched him to accept Jesus Christ as his personal saviour before he died. That way, he wouldn't burn in hell. Electron looked at his uncle, disbelieving. He couldn't believe his father was having to put up with such crap on his deathbed. Still, Electron chose to be discreet. Apart from an occasional rolling of the eyes, he kept his peace at his father's bedside.