Movement, Collocation and Cell Site Analysis
Neutral Citation Number  EWCA Crim 3233
Case No 200403040D3
IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL (CRIMINAL DIVISION)
ON APPEAL FROM
His Honour Judge Moss QC
Central Criminal Court T20037584
Royal Courts of Justice
Strand, London, WC2A 2LL
14th December 2005
B e f o r e
THE RIGHT HONOURABLE LORD JUSTICE HOOPER
THE HONOURABLE MR JUSTICE HOLMAN
THE HONOURABLE MR JUSTICE FULFORD
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Mr J Dein QC and Miss A Byrnes for the Appellant
Miss S O'Neill QC and Mr M F R Holland for The Crown
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LORD JUSTICE HOOPER
The prosecution case was substantiated in the main by reference to telephone evidence, both of calls made and cell site analysis, local borough CCTV evidence, forensic scientific search evidence, fingerprint evidence and the post-mortem examination. In addition, the prosecution relied upon the testimony of Carey Bent, who, together with Everton Husbands, had pleaded guilty at an early stage to perverting the course of justice for their part in the events of that evening.
At approximately 9pm on 2.3.03, Lyndon Davis left his home in order to go out. He collected his girlfriend and her friend and drove around the Hackney area delivering crack cocaine. Mobile telephone records show that his phone was in contact with that of the appellant at 9.20pm and 10.35pm. Davis attended 215 Dalston Lane between 10 and 11pm for approximately 10-15 minutes.
At approximately 1am, Davis dropped his girlfriend at her sister's house. Thereafter, mobile phone and cell site analysis shows calls between Davis' phone and that of the appellant, with the former travelling towards 215 Dalston Lane, the apparent location of the appellant's phone. It was the prosecution case that the appellant invited Davis to his, the appellant's flat, where he was to murder him.
The last call made by Davis' mobile phone was at 2.09am on 3.5.03, apparently from the vicinity of 215 Dalston Lane. According to the prosecution, Davis was murdered by the appellant between that time and 2.26am. This was because at 2.26am there began a series of calls made from the appellant's phone to that of his friend Everton Husbands. Husbands was living in Enfield and his movements were tracked, by reference to cell site analysis, from his home to 215 Dalston Lane. This, said the prosecution, was in response to a request from the appellant for urgent assistance in removing the evidence of the murder which had taken place.
Before Husbands got to the flat, however, Carey Bent, the appellant's lodger arrived home unexpectedly. The appellant opened the door and Bent saw the motionless body of Lyndon Davis lying on the hall floor. The appellant asked for Bent's assistance and, out of fear of the situation generally and the appellant in particular, Bent helped to roll the deceased in a sheet and load the body into the boot of the newly-arrived Everton Husband's car. Karen Maitland was cleaning the flat.
Husbands and the appellant then drove off to Andrews Road where the body was dumped. By reference to local CCTV this was at approximately 3.23am. The men then returned to Dalston Lane where an attempt was made to move the deceased's BMW vehicle from where it was parked outside the flat. It would not start and a number of telephone calls were made by the appellant and Husbands in search of jump leads. At approximately 3.39am Husbands purchased a set from a Texaco petrol station. This was, however, to no avail and eventually the appellant, Husbands, Bent and two innocent passers-by pushed the vehicle into nearby Clapton Square, where it was discovered later on that day. CCTV evidence timed this activity at approximately 4am.
The appellant, Maitland and Husbands then left Dalston Lane in Husbands' vehicle. A series of calls to Bent's mobile from that of the appellant were, according to the prosecution, to ensure that Bent was continuing to clean the flat and not raising the alarm. At approximately 4.21am Husbands filled a canister with petrol at a BP garage and the three returned, still in Husbands' vehicle, to Andrews Road. There the deceased's body was set alight at approximately 4.35am. It was the prosecution case that this was all done at the behest of the appellant.
Cell site analysis then tracked the movement of the appellant from the area of Andrews Road to Enfield and the home address of Everton Husbands. There, the appellant changed his clothes and disposed of the murder weapon, a hammer, before returning, still accompanied by Husbands and Maitland, to 215 Dalston Lane.
It was whilst the appellant was outside that his mobile phone was used by someone else, possibly Maitland, to telephone Lyndon Davis and, it seems, Everton Husbands. When the appellant returned to his flat, he was horrified to see the body of his friend on the floor. Immediately terrified, and under threat from the still-present, armed Yardies that they knew where his children lived, the appellant did as he was told, namely to telephone Husbands and to get rid of the body.
Part of transcript/ The full transcript is available.