EWJ June 61 2025 web - Flipbook - Page 108
to another as the handset moved, or simply show that
some time after one call was made another was made
that used a different cell. It has to be bourne in mind
that in rural areas the use of a particular cell may not
mean the user is very close to that site, whereas in
places like central London the logging of a call on a
particular site invariably means the handset is very
close by – perhaps within metres. Such evidence, coupled with evidence of calls made around certain key
events, may provide the prosecution with compelling
material that needs very thorough analysis by anyone
defending in such a case.
Such evidence may, at first blush seem difficult to
challenge. But cell-siting of a mobile phone can have
an impact greater than its actual worth. The author
was recently involved in a case where the prosecution
cell site expert confirmed that a call made by my client
was and picked on a certain cell mast, but the detail of
the data showed it was picked up on a particular section of the mast – a particular azimuth. This meant
that my client was likely to be one side of a busy west
London Square when he made the call – and not the
other, where his co-defendant was. That small detail
was critical in putting the cell-site evidence in its
proper perspective and ultimately led to the acquittal
of my client who was facing very serious charges.
Conclusion
Telephone evidence can make or break a case. Mobile
phones provide a very personal picture of a Defendant because they are such a large part of modern life
for all of us. The challenges outlined here e.g. attribution, hearsay etc are not easy topics. There is often
a dense amount of material to consider – more often
in the unused material as opposed to the used evidence. As ever early preparation is the key if there is
to be any hope of mounting any kind of challenge to
this sort of evidence.
About the author
Jonathan Lennon KC is a Barrister specialising in
serious/ complex criminal defence cases at Doughty
Street Chambers, London. He has extensive experience in all aspects of financial and serious crime and
the Proceeds of Crime Act 2002. He is ranked by the
Legal 500 and Chambers & Ptnrs.
L500 2025; “Jonathan works tirelessly for clients and
is completely on top of every matter he deals with. He
has that rare quality of being able to being able to
translate the most complex of issues to make sure that
both the jury and the client are fully engaged in the
proceedings.”
www.doughtystreet.co.uk
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