Court of Appeal reserves judgment on phone mast evidence

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The Court of Appeal reserved judgment on prosecutors’ request to review a ruling about mobile phone mast evidence. Mr Justice George Birmingham sat with Mr Justice Alan Mahon and Mr Justice John Edwards.

The proceedings were reported on 21 January 2016. The appeal followed the acquittal of two unnamed persons for their alleged role in a historic crime. Their identities and the alleged crime could not be published because they were not presently charged with any offence.

Prosecuting counsel told the court on 21 January 2016 that the accused had been alleged to be in a general location, rather than a particular location. He said exactly where the calls were made had never been established and could not be established. A call routed through a particular cell site was made within that site’s coverage, he said, and the conclusion to draw from the evidence was a matter for the jury.

Counsel argued that the judge had wrongly extended the requirements for admitting the evidence. He said ongoing difficulties would persist in criminal trials unless the Court of Appeal corrected the error.