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 chief judge of the County Court agreed to the case stated and sent
it up to the full bench of the Supreme Court. The lawyers from both
sides were pleased with the bench--Justices Frank Vincent, Kenneth
Hayne and John Coldrey.
On 30 September 1996, Mendax arrived at the Supreme Court and found
all the lawyers assembled at the court--all except for his barrister.
Paul Galbally kept checking his watch as the prosecution lawyers began
unpacking their mountains of paper--the fruit of months of
preparation. Galbally paced the plush carpet of the Supreme Court
anteroom. Still no barrister.
Mendax's barrister had worked tirelessly, preparing for the case
stated as if it was a million dollar case. Combing through legal
precedents from not only Australia, the UK and the US, but from all
the world's Western-style democracies, he had attained a great
understanding of the law in the area of computer crime. He had finally
arrived at that nexus of understanding between law, philosophy and
linguistics which many lesser lawyers spent their entire careers
trying to reach.
But where was he? Galbally pulled out his mobile and checked in with
his office for what seemed like the fifth time in as many minutes. The
news he received was bad. He was told, through second-hand sources,
that the barrister had collapsed in a state of nervous exhaustion. He
wouldn't be making it to court.
Galbally could feel his hairs turning grey.
When court opened, Galbally had to stand up and explain to three of
the most senior judges in Australia why the defence would like a
two-day adjournment. A consummate professional, Geoff Chettle
supported the submission. Still, it was a difficult request. Time in
the Supreme Court is a scarce and valuable thing. Fortunately, the
adjournment was granted.
This gave Galbally exactly two days in which to find a barrister who
was good, available and smart enough to assimilate a massive amount of
technical information in a short time. He found Andrew Tinney.
Tinney worked around the clock and by Wednesday, 2 October, he was
ready. Once again, all the lawyers, and the hacker, gathered at the
court.
This time, however, it was the judges who threw a spanner into the
works. They asked both sides to spend the first hour or so explaining
exactly why the Supreme Court should hear the case stated at all. The
lawyers looked at each other in surprise. What was this all about?
After hearing some brief arguments from both sides, the judges retired
to consider their position. When they returned, Justice Hayne read a
detailed judgment saying, in essence, that the judges refused to hear
the case.
Public-domain text, read in full here on John Shaqi.
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