Underground: Hacking, madness and obsession on the electronic frontierDreyfus, Suelette
Science
Underground: Hacking, madness and obsession on the electronic frontier
Dreyfus, Suelette
Computer crimes -- Australia; Computer hackers -- Australia -- Biography; Computer security -- Australia
The prosecution lawyers looked at Kayser as if he was telling a good
joke. The AFP had spent months tracking these hackers and almost three
years preparing the case against them. And now this barrister was
seriously suggesting that one of the key players should get off
virtually scot-free, with not so much as a conviction recorded against
him? It was too much.
The judge retired to consider the sentence. When he returned, he was
brief and to the point. No prison. No community service. The recording
of 26 convictions. A $500 three-year good behaviour bond. Forfeiture
of the now ancient Apple computer seized by police in the raid. And a
reparation payment to the Australian National University of $2100.
Relief passed over Prime Suspect's face, pink and sweaty from the
tension. His friends and family smiled at each other.
Chettle then asked the judge to rule on what he called `the
cooperation point'. He wanted the judge to say that Prime Suspect's
sentence was less than it would have been because the hacker had
turned Crown witness. The DPP was shoring up its position with regard
to its remaining target--Mendax.
Judge Lewis told the court that the cooperation in this case made no
difference. At the back of the court, Mendax felt suddenly sad. It was
good news for him, but somehow it felt like a hollow victory.
Prime Suspect has destroyed our friendship, he thought, and all for
nothing.
Two months after Prime Suspect's sentencing, Trax appeared in another
County Court room to receive his sentence after pleading guilty to six
counts of hacking and phreaking. Despite taking medication to keep his
anxiety under control while in the city, he was still very nervous in
the dock.
Since he faced the least number of charges of any of the IS hackers,
Trax believed he had a shot at no recorded conviction. Whether or not
his lawyer could successfully argue the case was another matter.
Bumbling through papers he could never seem to organise, Trax's lawyer
rambled to the court, repeated the same points over and over again,
jumping all over the place in his arguments. His voice was a
half-whispered rasp--a fact which so annoyed the judge that he sternly
instructed the lawyer to speak up.
Talking informally before court, Geoff Chettle had told Mendax that in
his view there was no way Judge Mervyn Kimm would let Trax off with no
recorded conviction. Judge Kimm was considered to be one tough nut to
crack. If you were a bookmaker running bets on his court at a
sentencing hearing, the good money would be on the prosecution's side.
But on 20 September 1995, the judge showed he couldn't be predicted
quite so easily. Taking everything into account, including Prime
Suspect's sentence and Trax's history of mental illness, he ordered no
conviction be recorded against Trax. He also ordered a $500 three-year
good behaviour bond.
Public-domain text, read in full here on John Shaqi.
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