`Prime Suspect has turned Crown witness against you.'
There was a mistake. Mendax was sure of it. The whole thing was just one big mistake. Maybe Chettle and the DPP had misunderstood something Prime Suspect had said to them. Maybe Prime Suspect's lawyers had messed up. Whatever. There was definitely a mistake.
At Galbally's office, Mendax had refused to believe Prime Suspect had really turned. Not until he saw a signed statement. That night he told a friend, `Well, we'll see. Maybe Chettle is just playing it up.'
Chettle, however, was not just playing it up.
There it was—a witness statement—in front of him. Signed by Prime
Suspect.
Mendax stood outside the courtroom at Melbourne Magistrates Court trying to reconcile two realities. In the first, there was one of Mendax's four or five closest friends. A friend with whom he had shared his deepest hacking secrets. A friend he had been hanging out with only last week.
In the other reality, a six-page statement signed by Prime Suspect and Ken Day at AFP Headquarters at 1.20 p.m. the day before. To compound matters, Mendax began wondering if Prime Suspect may have been speaking to the AFP for as long as six months.
The two realities were spinning through his head, dancing around each other.
When Galbally arrived at the court, Mendax took him to one side to go over the statement. From a damage-control perspective, it wasn't a complete disaster. Prime Suspect certainly hadn't gone in hard. He could have raised a number of matters, but didn't. Mendax had already admitted to most of the acts which formed the basis of his 31 charges in his police interview. And he had already told the police a good deal about his adventures in Telecom's telephone exchanges.
However, Prime Suspect had elaborated on the Telecom break-ins in his statement. Telecom was owned by the government, meaning the court would view phreaking from their exchanges not as defrauding a company but as defrauding the Commonwealth. Had the DPP decided to lay those new charges—the Telecom charges—in February 1995 because Prime Suspect had given the AFP a draft Crown witness statement back then? Mendax began to suspect so. Nothing seemed beyond doubt any more.
The immediate crisis was the committal hearing in the Melbourne Magistrates Court. There was no way Boris Kayser was now going to decimate their star witness, a NorTel information systems manager. Galbally would have to run a cross-examination himself—no easy task at short notice, given the highly complex technical aspects of the case.
Inside the courtroom, as Mendax got settled, he saw Prime Suspect. He gave his former friend a hard, unblinking, intense stare. Prime Suspect responded with a blank wall, then he looked away. In fact, even if Mendax had wanted to say something, he couldn't. As a Crown witness, Prime Suspect was off-limits until the case was over.
The lawyers began to file into the courtroom. The DPP representative, Andrea Pavleka, breezed in, momentarily lifting the tension in the windowless courtroom.
She had that effect on people. Tall, slender and long-legged, with a bob of sandy blonde curls, booky spectacles resting on a cute button nose and an infectious laugh, Pavleka didn't so much walk into a courtroom as waft into it. She radiated happiness from her sunny face. It's a great shame, Mendax thought, that she is on the other side.
The court was called into session. Prime Suspect stood in the dock and pleaded guilty to 26 counts of computer crimes.
In the course of the proceedings his barrister, Boris Kayser, told the court that his client had cooperated with the police, including telling the AFP that the hackers had penetrated Telecom's exchanges. He also said that Telecom didn't believe—or didn't want to believe—that their exchanges had been compromised. When Kayser professed loudly what a model citizen his client had been, Ken Day, sitting in the public benches, quietly rolled his eyes.
The magistrate, John Tobin, extended Prime Suspect's bail. The hacker would be sentenced at a later date.
That matter dealt with, the focus of the courtroom shifted to Mendax's case. Geoff Chettle, for the prosecution, stood up, put the NorTel manager, who had flown in from Sydney, on the stand and asked him some warm-up questions.
Chettle could put people at ease—or rattle them—at will. Topped by a minute stubble of hair, his weathered 40-something face provided a good match to his deep, gravelly voice. With quick eyes and a hard, no-nonsense manner, he lacked the pretentiousness of many barristers. Perhaps because he didn't seem to give a fig about nineteenth century protocols, he always managed to looked out of place in a barrister's wig and robe. Every time he stood up, the black cape slid off his lean shoulders. The barrister's wig went crooked. He continually adjusted it—tugging the wig back into the correct spot like some wayward child. In court, Chettle looked as if he wanted to tear off the crusty trappings of his profession and roll up his sleeves before sinking into a hearty debate. And he looked as if he would rather do it at a pub or the footy.
The NorTel manager took the stand. Chettle asked him some questions designed to show the court the witness was credible, in support of the company's $160000 hacker-clean-up claim. His task accomplished, Chettle sat down.
A little nervous, Paul Galbally stood up to his full height—more than six feet—and straightened his jacket. Dressed in a moss green suit so dark it was almost black, with thin lapels and a thin, 1960s style tie, he looked about as understated hip as a lawyer could—and still show his face in court.
Halting at first, Galbally appeared unsure of himself. Perhaps he had lost his nerve because of the technical issues. WMTP files. UTMP files. PACCT audits. Network architecture. IP addresses. He had been expected to become an expert in the basics literally overnight. A worried Mendax began passing him notes—questions to ask, explanations, definitions. Slowly, Galbally started working up a rhythm to the cross-examination.
During the questioning someone from the back of the court sidled up to Mendax, in the front row of seats, and handed a note over his shoulder. Mendax unfolded the note, read it and then turned around to smile at the messenger. It was Electron.
By the time Galbally had finished, he had pulled apart much of the NorTel manager's evidence. As he built up a head of steam quizzing the witness, he forced the NorTel manager to admit he didn't know all that much about the alleged hacking incidents. In fact, he wasn't even employed by the company when they occurred. He had largely thrown together an affidavit based on second-hand information—and it was this affidavit which supposedly proved the hackers had cost the company $160000. Worse, it seemed to an observer at court that the NorTel manager had little Unix security technical expertise and probably would not have been able to conduct a detailed technical analysis of the incident even if he had been with the company in 1991. By the end of the defence's cross-examination, it appeared that Galbally knew more about Unix than the NorTel manager.
When Geoff Chettle stood up to re-examine the witness, the situation was hopeless. The manager soon stood down. In Mendax's view, the credibility of the NorTel Manager's statement was shot.
The court was then adjourned until 12 May.
After court, Mendax heard Geoff Chettle talking about the NorTel witness. `That guy is OFF the team,' he said emphatically.
It was a mixed victory for Mendax. His solicitor had knocked off one NorTel witness, but there were more where he came from. At a full trial, the prosecution would likely fly in some real NorTel fire-power, from Canada, where the 676-page security incident report had been prepared by Clark Ferguson and other members of the NorTel security team. Those witnesses would understand how a Unix system operated, and would have first-hand knowledge of the hackers' intrusions. It could make things much more difficult.
When Mendax returned to court a week later, he was committed to stand trial in the County Court of Victoria, as expected.
Later, Mendax asked Galbally about his options. Take the case to full trial, or plead guilty like the other two IS hackers. He wanted to know where the DPP stood on his case. Would they go in hard if he pleaded guilty? Had the NorTel manager disaster at the committal hearing forced them to back down a little?
Paul sighed and shook his head. The DPP were standing firm. They wanted to see Mendax go to prison.
Andrea Pavleka, the DPP's sunny-faced girl who radiated happiness, was
baying for blood.
One month later, on 21 July 1995, Prime Suspect arrived at the County
Court for sentencing.
Rising early that morning to make sure his court suit was in order, Prime Suspect had been tense. His mother cooked him a big breakfast. Toast, bacon and eggs the way he liked it. In fact, his favourite breakfast was an Egg McMuffin from McDonald's, but he never told his mother that.
The courtroom was already crowded. Reporters from newspapers, the wire services, a few TV channels. There were also other people, perhaps waiting for another case.
Dressed in a dark pin-stripe suit, Ken Day stood tapping on a laptop on the prosecution's side of the courtroom. Geoff Chettle sat near him. Prime Suspect's barrister, Boris Kayser, sifted through some papers on the other side.
Mendax lingered at the back of the room, watching his former friend. He wanted to hear Prime Suspect's sentence because, under the rules of parity sentencing, Mendax's own sentence would have to be similar to that of his fellow hackers. However, Prime Suspect might get some dispensation for having helped the prosecution.
A handful of Prime Suspect's friends—none of them from the computer underground—trickled in. The hacker's mother chatted nervously with them.
