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Mobile Phone Calls - Usage: Gun Crime Case  

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trewmte
(@trewmte)
Community Legend

I have had to delete the full version because it is too much text for the forum discussion thread.

Here is the case

Neutral Citation Number [2006] EWCA Crim 1155
Case No 2004/3631/D1
2005/2089/B5

IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL (CRIMINAL DIVISION)
ON APPEAL FROM CENTRAL CRIMINAL COURT
His Honour Judge Paget
BIRMINGHAM CROWN COURT
Mr Justice Goldring

Royal Courts of Justice
Strand, London, WC2A 2LL
19/05/2006

B e f o r e

THE PRESIDENT OF THE QUEENS BENCH DIVISION
MR JUSTICE MITTING
and
MR JUSTICE FULFORD
____________________

Between
R
Appellant

-v-

Davis
Respondent

and

R
Appellant

- v -

Ellis Gregory Simms Martin
Respondent

____________________

Mr Malcolm Swift QC and Miss Susan Rodham for Davis
Mr Michael Worsley QC and Mr M.J. Gadsden for the Crown

Mr Nigel Rumfitt QC and Miss Halliday-Davis for Ellis
Mr T. Maloney for Gregory
Mr Anthony Barker QC and Mr G. Henson for Simms
Mr J.M. Burbidge for Martin
Mr Timothy Raggatt QC, Mr M. Duck and Mr J. Butterfield for the Crown

Hearing dates 20th-24th March 2006
____________________

HTML VERSION OF JUDGMENT
____________________

Crown Copyright ©

Link http//www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Crim/2006/1155.html

Extract from the case law transcript

The Ellis Appeal – the essential facts
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A good deal of material relating to telephone evidence and telephone cell sites was available. This was important evidence linking all four appellants. We shall summarise it as briefly as possible. Phone 819 was said to have been used by someone involved in the purchase of the Mondeo, and then again by someone in the Mondeo just before and after the shooting. Indeed there was no dispute that various calls by or to mobile phones 588,819 and 836 were made throughout the period of the journey by the black Vectra to Roade, and on the return journey in both the Vectra and the Mondeo. 819 was active from 30th December 2002 until shortly before 3pm on 2nd January 2003. It called phone 801 and 129. The subscriber to 809 was Gregory's mother, and 129 was Gregory's sister. 129 was also called by 836 some twelve times. 588 called the same number about twenty times, and it was also included in the billing records for the landline of Martin's girlfriend. Shortly before 2pm of 31 December, the 588 phone called a mobile number used by Ramesh Jhalli. 819 called 573, Gregory's girlfriend, four times, and 573 called 819 twice. At about 6.53 on 2nd January, 819 called 573, and 573 called it back at about 1.15 pm. 573 was also stored in the memory of a phone at 5-18 Ryland Street, the home of the Gregory family. 819 called each of the brothers of Gregory's girlfriend, his aunt and his uncle once.

A taxi firm regularly collected a fare from Ryland Street, and took the individual to an address where Gregory's girlfriend lived. There was contact by phone 819 on 31st December. There was additional evidence linking 819 to Michael Gregory, but the details need no recitation.

Martin was arrested on 24th February 2003. The sim card for phone 836 was found loose inside a phone recovered from a compartment to the right hand side of the steering wheel. Call analysis related 836 to Martin's home address. It was also linked to him by telephone calls made to his girlfriend. Ten calls were made from this number to the landline at Gregory's address. At Martin's address, bearing his fingerprints, a box for a phone with the number ending 227 was found. The subscriber's name was Watkinson, which was the name of the business partner of the trader who sold the Mondeo. On 28th December 836 called 227. Watkinson denied that 227 was a number associated with him, but conceded that it was possible that he was the subscriber when the phone was first registered in 1998. In June 2002, he was still listed as the subscriber. The number stored in the memory of 227 also linked Martin with 836.

588 was active from 30th December to 4th January. In that short period, among other calls, it called 819 on fifty seven occasions. The evidence suggested that both 836 and 588 were being used together, throughout 2nd January 2003. It was accepted by Martin that 836 and 588 were indeed his telephones.

The three best serving signals for Gregory's address were identified. Between 30th December and 2nd January 35% of the calls were made to or from 819 were served by those three cell sites between them, with an indication that the handset was used in the vicinity of Gregory's address at Ryland Street. Thirty six calls went through a site which served the address where Martin lived, as well as a second address in Smethwick, also associated with Martin. Over a period of roughly 24 hours between 31st December and 1st January. The 819 phone made thirty four calls routed through the cell site best serving Gregory's address, and during a similar period, both the 836 and 588 phones made or received calls routed through the same sites. The Crown drew attention to the fact that there was a time when 819 did not call either 836 or 588, suggesting that the owners of these telephones were or must have been together.

From 1.30am on 2nd January inward calls to 836 were on divert until 10.40 am that day. There was evidence linking Ellis with the 633 phone number, and Simms with the number 845. At the material time calls were made on the 633 phone consistent with the use of the site closest to Uniseven in Churchill Parade. Between 12.54 and 2.55am on 2nd January phone 845 made calls which placed the handset in the vicinity of Uniseven, consistently using the same cell site. From 3.07am until about 6.30am on the same date, phone 819 made forty three calls which were handled by eight different cell sites, which indicated that this phone was on the move. At about 3.52 819 called 845, using the cell site close to Ellis' address for fourteen seconds. Simms phone used a cell site which was dominant for Uniseven, and in a sequence of calls from 819 to 845 (but none the other way) 819 moved in such a way that by 4.01am it was being served by the same cell site as Simms phone in the vicinity of Uniseven, indeed there was positive expert evidence that the calls from Simms number were consistent with him being inside Uniseven when the calls were made. At 4.09am there was a five second call to Ellis's phone at 633, which indicated that Simms telephone had moved into a cell site area to the west of Uniseven.

After the shootings a number of calls were made or received by 819 and 633, which were routed via the site which served Ellis' address. The phone belonging to Simms received a call from 819 at 4.22 and he then received calls which routed through cell sites, one of which served Gregory's address. During the period when the red Mondeo was set alight, 819 called 633. The cell site which served the Maryhill area, where this car was burned, handled a call between the 633 and 819 phones about 45 minutes before the fire started, and if 633 was indeed at Ellis' home address at the time, it must, for whatever reason, been incapable of using one of the four other cell sites which would have given stronger signals. The data available to the expert was consistent with the 819 phone being in the vicinity of the site of the burning, and the last call using the corresponding cell site took place at 6.08am. That was inconsistent with 819 being at Gregory's flat. The expert also accepted that it was not possible to discount the possibility that Ellis had been using his phone at home (because of the proximity of the cell site).

This evidence about the use of mobile phones demonstrably belonging to the four appellants at critical times all through the night leading up to and after the shooting, taken as a whole, and when linked with the remaining evidence, provided a formidable case against them.

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Posted : 19/08/2009 2:51 pm
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