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
As the judge spoke, it became clear that the Supreme Court judges
weren't just refusing to hear this case stated; they were virtually
refusing to hear any case stated in future. Not for computer crimes.
Not for murder. Not for fraud. Not for anything. They were sending a
message to the County Court judges: don't send us a case stated except
in exceptional circumstances.
Geoff Chettle slumped in his chair, his hands shielding his face. Paul
Galbally looked stunned. Andrew Tinney looked as if he wanted to leap
from his chair shouting, `I just killed myself for the past two days
on this case! You have to hear it!' Even Lesley Taylor, the quiet,
unflappable and inscrutable DPP solicitor who had replaced Andrea
Pavleka on the case, looked amazed.
The ruling had enormous implications. Judges from the lower courts
would be loath to ever send cases to the Supreme Court for
clarification on points of law again. Mendax had made legal history,
but not in the way he had hoped.
Mendax's case passed back down to the County Court.
He had considered taking his case to trial, but with recently
announced budget cuts to Legal Aid, he knew there was little hope of
receiving funding to fight the charges. The cuts were forcing the poor
to plead guilty, leaving justice available only for the wealthy.
Worse, he felt the weight of pleading guilty, not only as a sense of
injustice in his own case, but for future hacking cases which would
follow. Without clarity on the meaning of the law--which the judges
had refused to provide--or a message from a jury in a landmark case,
such as Wandii's trial, Mendax believed that hackers could expect
little justice from either the police or the courts in the future.
On 5 December 1996, Mendax pleaded guilty to the remaining six charges
and was sentenced on all counts.
Court Two was quiet that day. Geoff Chettle, for the prosecution,
wasn't there. Instead, the quietly self-possessed Lesley Taylor
handled the matter. Paul Galbally appeared for Mendax himself. Ken Day
sat, expressionless, in the front row of the public benches. He looked
a little weary. A few rows back, Mendax's mother seemed nervous.
Electron slipped silently into the back of the room and gave Mendax a
discreet smile.
His hair pulled back into a loose ponytail, Mendax blinked and rolled
his eyes several times as if brought from a dark space into the
bright, white-walled courtroom.
Judge Ross, a ruddy-faced and jowly man of late middle age with bushy,
grey eyebrows, seated himself in his chair. At first, he was reluctant
to take on the case for sentencing. He thought it should be returned
to one of the original judges--Judge Kimm or Judge Lewis. When he
walked into court that morning, he had not read the other judges'
sentences.
Public-domain text, read in full here on John Shaqi.
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