Euro crime gang triumph is hit by court challenge
HUNDREDS of organised crime suspects could avoid prosecution after their lawyers challenged the admissibility of mobile phone evidence against them.
The National Crime Agency (NCA) revealed that between April and June it conducted its biggest operation that resulted in about 750 people being arrested in connection with drugs supply, firearms, conspiracy to murder and other serious offences.
About 250 were charged, with many cases already reaching court. Much of the evidence is in the form of downloads of supposedly encrypted messages.
Lawyers acting for five defendants appearing at Manchester Crown Court have challenged the admissibility of the downloads, with a hearing due in November.
Even if not initially successful, the case could go as far as the Court of Appeal, delaying or even threatening prosecutions.
Details of the challenge emerged during a Woolwich Crown Court case management hearing for two men charged under Operation Venetic for drugs supply.
They were arrested by the Met Police in north London last month alongside two others who have yet to be charged.
The barrister representing one of the men, said: “This is a case based on Encrochat.there are many going through the system. In November there are five linked cases in Manchester having a preparatory case about the admissibility of the evidence that may go to the Court of Appeal.”
He said that the outcome of the case would have implications for all other Encrochat prosecutions and could affect the case of his client. The judge adjourned the case.
The court heard police linked defendants to users of encrypted phones for specific information and geographical locations mentioned in texts.
In the case of the barrister’s client a large sum of cash was found at his home, but only small amounts of drugs.
The charge of conspiracy to supply drugs came from messages with associates allegedly involved in major supply.
The barrister argued that the real user was more likely to be one of the other suspects who has yet to be charged.
However, the judge said he felt that there was currently a prima facie strong case against the man as playing a lead role in an organisation linked to cocaine.
The
Encrochat raids, which were code-named Operation Venetic, came after Dutch and French police in April gained access to the encrypted Encrochat mobile phone messaging system which was being used by an estimated 60,000 organised criminals across the globe.
Access was given to British law enforcers after it emerged that around 10,000 of those users were registered here.
Several British-based
About 250 people were charged
lawyers said that they were currently looking to see if evidence found on Encrochat phones could be inadmissible.
Kangs Solicitors said on its website: “Whether [Encrochat evidence] was obtained legally and whether the information can be used in a court of law are key questions that we will explore on behalf of our clients.
“If the data has been obtained as a result of a ‘hack’, the law enforcement agencies will need to provide further information before it can justify using this telephone intercept evidence.”
An NCA spokeswoman said the agency was confident that the challenge would be defeated.
She said: “The NCA had lawful access to the communication as part of Operation Venetic.
“Any evidence as a product of the monitoring would be admissible in court.”