Then there was Prime Suspect's plan to write a destructive worm, which would wipe systems en route. It wasn't really a plan per se, more just an idea he had toyed with on the phone. Nonetheless, it had scared Trax. He began to think all three IS hackers were getting in too deep and he wanted out.
He tried to stop phreaking, even going so far as to ask Telecom to change his telephone number to a new exchange which he knew would not allow him to make untraceable calls. Trax reasoned that if he knew he could be traced, he would stop phreaking and hacking.
For a period, he did stop. But the addiction was too strong, and before long he was back at it again, regardless of the risk. He ran a hidden cable from his sister's telephone line, which was on the old exchange. His inability to stop made him feel weak and guilty, and even more anxious about the risks. Perhaps the death threat threw him over the edge. He couldn't really understand why he had turned himself in to the police. It had just sort of happened.
The Victoria Police notified the AFP. The AFP detectives must have been slapping their heads in frustration. Here was Australia's next big hacker case after The Realm, and they had expected to make a clean bust. They had names, addresses, phone numbers. They had jumped through legal hoops to get a telephone tap. The tap was up and running, catching every target computer, every plot, every word the hackers said to each other. Then one of their targets goes and turns himself in to the police. And not even to the right police—he goes to the Victoria Police. In one fell swoop, the hacker was going to take down the entire twelve-month Operation Weather investigation.
The AFP had to move quickly. If Trax tipped off the other two IS hackers that he had called the police, they might destroy their notes, computer files—all the evidence the AFP had hoped to seize in raids.
When the AFP swooped in on the three hackers, Mendax and Prime Suspect had refused to be interviewed on the night. Trax, however, had spent several hours talking to the police at his house.
He told the other IS hackers that the police had threatened to take him down to AFP headquarters—despite the fact that they knew leaving his house caused him anxiety. Faced with that prospect, made so terrifying by his psychiatric illness, he had talked.
Prime Suspect and Mendax didn't know how much Trax had told the police, but they didn't believe he would dob them in completely. Apart from anything else, he hadn't been privy to much of his colleagues' hacking. They hadn't tried to exclude Trax, but he was not as sophisticated a hacker and therefore didn't share in many of their exploits.
In fact, one thing Trax did tell the police was just how sophisticated the other two IS hackers had become just prior to the bust. Prime Suspect and Mendax were, he said, `hackers on a major scale, on a huge scale—something never achieved before', and the AFP had sat up and taken notice.
After the raids, Trax told Mendax that the AFP had tried to recruit him as an informant. Trax said that they had even offered him a new computer system, but he had been non-committal. And it seemed the AFP was still keeping tabs on the IS hackers, Trax also told Mendax. The AFP officers had heard Mendax had gone into hospital and they were worried. There seemed to be a disturbing pattern evolving.
On the subject of the IS raids, Trax told Mendax that the AFP felt it didn't have any choice. Their attitude was: you were doing so much, we had to bust you. You were inside so many systems, it was getting out of control.
In any case, by December 1991 Mendax had agreed to a police interview, based on legal advice. Ken Day interviewed Mendax, and the hacker was open with Day about what he had done. He refused, however, to implicate either Trax or Prime Suspect. In February 1992, Prime Suspect followed suit, with two interviews. He was also careful about what he said regarding his fellow hackers. Mendax was interviewed a second time, in February 1992, as was Trax in August.
After the raid, Trax's psychiatric condition remained unstable. He changed doctors and began receiving home visits from a hospital psychiatric service. Eventually, a doctor prescribed medication.
The three hackers continued to talk on the phone, and see each other occasionally. One or the other might drop out of communication for a period, but would soon return to the fold. They helped each other and they maintained their deep anti-establishment sentiments.
After the charges arrived in the mail, they called each other to compare notes. Mendax thought out loud on the phone to Prime Suspect, `I guess I should get a lawyer'.
`Yeah. I got one. He's lining up a barrister too.'
`They any good?' Mendax asked.
`Dunno. I guess so. The solicitor works at Legal Aid, an in-house guy.
I've only met them a few times.'
`Oh,' Mendax paused. `What are their names?'
`John McLoughlin and Boris Kayser. They did Electron's case.'
Trax and Prime Suspect decided to plead guilty. Once they saw the overwhelming evidence—data taps, telephone voice taps, data seized during the raids, nearly a dozen statements by witnesses from the organisations they had hacked, the 300-page Telecom report—they figured they would be better off pleading. The legal brief ran to more than 7000 pages. At least they would get some kudos with the judge for cooperating in the police interviews and pleading early in the process, thus saving the court time and money.
Mendax, however, wanted to fight the charges. He knew about Pad and
Gandalf's case and the message from that seemed to be pretty clear:
Plead and you go to prison, fight and you might get off free.
The DPP shuffled the charges around so much between mid-1994 and 1995 that all the original charges against Trax, issued on 20 July 1994, were dropped in favour of six new charges filed on Valentines Day, 1995. At that time, new charges—largely for hacking a Telecom computer—were also laid against Mendax and Prime Suspect.
By May 1995, the three hackers faced 63 charges in all: 31 for Mendax, 26 for Prime Suspect and six for Trax. In addition, NorTel claimed the damages attributed to the hacker incident totalled about $160000—and the company was seeking compensation from the responsible parties. The Australian National University claimed another $4200 in damages.
Most of the charges related to obtaining illegal access to commercial or other information, and inserting and deleting data in numerous computers. The deleting of data was not malicious—it generally related to cleaning up evidence of the hackers' activities. However, all three hackers were also charged with some form of `incitement'. By writing articles for the IS magazine, the prosecution claimed the hackers had been involved in disseminating information which would encourage others to hack and phreak.
On 4 May 1995 Mendax sat in the office of his solicitor, Paul
Galbally, discussing the committal hearing scheduled for the next day.
Galbally was a young, well-respected member of Melbourne's most prestigious law family. His family tree read like a Who's Who of the law. Frank Galbally, his father, was one of Australia's most famous criminal barristers. His uncle, Jack Galbally, was a well-known lawyer, a minister in the State Labor government of John Cain Sr and, later, the Leader of the Opposition in the Victorian parliament. His maternal grandfather, Sir Norman O'Bryan, was a Supreme Court judge, as was his maternal uncle of the same name. The Galballys weren't so much a family of lawyers as a legal dynasty.
Rather than rest on his family's laurels, Paul Galbally worked out of a cramped, 1970s time-warped, windowless office in a William Street basement, where he was surrounded by defence briefs—the only briefs he accepted. He liked the idea of keeping people out of prison better than the idea of putting them in it. Working closely with a defendant, he inevitably found redeeming qualities which the prosecution would never see. Traces of humanity, no matter how small, made his choice seem worthwhile.
His choices in life reflected the Galbally image as champions of the underdog, and the family shared a background with the working class. Catholic. Irish. Collingwood football enthusiasts. And, of course, a very large family. Paul was one of eight children, and his father had also come from a large family.
The 34-year-old criminal law specialist didn't know anything about computer crime when Mendax first appeared in his office, but the hacker's case seemed both interesting and worthy. The unemployed, long-haired youth had explained he could only offer whatever fees the Victorian Legal Aid Commission was willing to pay—a sentence Galbally heard often in his practice. He agreed.
Galbally & O'Bryan had a very good reputation as a criminal law firm. Criminals, however, tended not to have a great deal of money. The large commercial firms might dabble in some criminal work, but they cushioned any resulting financial inconvenience with other, more profitable legal work. Pushing paper for Western Mining Corporation paid for glass-enclosed corner offices on the fiftieth floor. Defending armed robbers and drug addicts didn't.
The 4 May meeting between Galbally and Mendax was only scheduled to take an hour or so. Although Mendax was contesting the committal hearing along with Prime Suspect on the following day, it was Prime Suspect's barrister, Boris Kayser, who was going to be running the show. Prime Suspect told Mendax he had managed to get full Legal Aid for the committal, something Galbally and Mendax had not been able to procure. Thus Mendax would not have his own barrister at the proceedings.
Mendax didn't mind. Both hackers knew they would be committed to trial. Their immediate objective was to discredit the prosecution's damage claims—particularly NorTel's.
As Mendax and Galbally talked, the mood in the office was upbeat. Mendax was feeling optimistic. Then the phone rang. It was Geoff Chettle, the barrister representing the DPP. While Chettle talked, Mendax watched a dark cloud pass across his solicitor's face. When he finally put the phone down, Galbally looked at Mendax with his serious, crisis management expression.
`What's wrong? What's the matter?' Mendax asked.
Galbally sighed before he spoke.
