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.