Deleted messages uncovers fake rape claim

Your example case is one of many such false claims that are uncovered. Fortunately for us we have discovered these claims prior to any court case.

Deleted data such as text messages can be fantastic evidence and we have used this type of evidence on quite a few occasions. Text messages are an excellent example as the time, date and sender info can be also be corroborated by the network provider.

''Usually [when] you get engaged by the defence and they say, 'This person says they didn't do it', you find evidence that they have done it,'' he said.

This is so true, and yet it's exactly why you need professional competent people who are willing to work defense work. It would have been horrible for this exculpatory evidence not to have come to light.

It's interesting though that this came up as the result of a defense exam. I knew a few of the NSW SEEB guys, and they do good work and a couple of them did some memory chip forensics stuff that amazed me at the time. I wonder if the phone was simply not examined, or if they missed something. I'd hazard to guess the former, which makes it particularly funny that the investigator seized a dog, and did not get the phone looked at.

alex101 I see your point, but this is about deleted SMS text messages case law. It adds important value to mobile telephone evidence. Unfortunately no one can use (and there is little value in) non-tested, unchallenged deleted evidence cases terminated by plea. Rarely do we find a case where it is admitted the defendant's case fell apart following deleted data obtained from mobile telephone. In many cases the defendant's doesn't even get to see half the evidence or fully understand what s/he is admitting to or not get the best advice leading to admission.

Tony, if it happened because the mobile phone wasn't examined or missed then it was costly. Maybe we will find out if the defendant had told the Police about the messages and they decided to ignore it - hence the costs.

I see your point, but this is about deleted SMS text messages case law.

It's not case law, it's just a news report and more like an advert for the defence expert with some measure of poetic licence "From a cohort of about 20 people in Australia with the equipment and know-how to do this sort of forensic work" .

Hmmm ….

H

Well looking at the matter independently, and speaking objectively of course, would it have been more to your likely Harry had the article in the newspaper been about a back office police personnel/prosecution expert where the article read like an advert, you would have found that OK?

Hmmm

Importantly, it is about case law as it refers to a judgment and all that is needed is to go and get a copy of the full judgment. I referred to the newspaper link because it is important publicity about mobile telephone evidence relating to judgment made in a case.

I don't mind who discovers the evidence to prevent an injustice. I am sure every police unit could quote examples of finding evidence of a similar nature that has disproved a false allegation. It just doesn't get reported as the case rarely gets to court except on the odd occasion when there is enough to prosecute the person making malicious allegations.

You're welcome to believe what you read in the media but I seriously doubt there are only 20 people in .au that can recover deleted messages from an iPhone.

There is nothing in the article referred to that indicates that there was any judgement that would make it case law. Unless you have more information than is referred to then I suspect you don't understand the term case law.

H