Mendax's barrister had worked tirelessly, preparing for the case stated as if it was a million dollar case. Combing through legal precedents from not only Australia, the UK and the US, but from all the world's Western-style democracies, he had attained a great understanding of the law in the area of computer crime. He had finally arrived at that nexus of understanding between law, philosophy and linguistics which many lesser lawyers spent their entire careers trying to reach.
But where was he? Galbally pulled out his mobile and checked in with his office for what seemed like the fifth time in as many minutes. The news he received was bad. He was told, through second-hand sources, that the barrister had collapsed in a state of nervous exhaustion. He wouldn't be making it to court.
Galbally could feel his hairs turning grey.
When court opened, Galbally had to stand up and explain to three of the most senior judges in Australia why the defence would like a two-day adjournment. A consummate professional, Geoff Chettle supported the submission. Still, it was a difficult request. Time in the Supreme Court is a scarce and valuable thing. Fortunately, the adjournment was granted.
This gave Galbally exactly two days in which to find a barrister who was good, available and smart enough to assimilate a massive amount of technical information in a short time. He found Andrew Tinney.
Tinney worked around the clock and by Wednesday, 2 October, he was ready. Once again, all the lawyers, and the hacker, gathered at the court.
This time, however, it was the judges who threw a spanner into the works. They asked both sides to spend the first hour or so explaining exactly why the Supreme Court should hear the case stated at all. The lawyers looked at each other in surprise. What was this all about?
After hearing some brief arguments from both sides, the judges retired to consider their position. When they returned, Justice Hayne read a detailed judgment saying, in essence, that the judges refused to hear the case.
As the judge spoke, it became clear that the Supreme Court judges weren't just refusing to hear this case stated; they were virtually refusing to hear any case stated in future. Not for computer crimes. Not for murder. Not for fraud. Not for anything. They were sending a message to the County Court judges: don't send us a case stated except in exceptional circumstances.
Geoff Chettle slumped in his chair, his hands shielding his face. Paul Galbally looked stunned. Andrew Tinney looked as if he wanted to leap from his chair shouting, `I just killed myself for the past two days on this case! You have to hear it!' Even Lesley Taylor, the quiet, unflappable and inscrutable DPP solicitor who had replaced Andrea Pavleka on the case, looked amazed.