1,348 people were charged and at least 260 convicted of various offences as of March 2022.
Many of these prosecutions were ongoing at the time of the appeal in the present case and it is reasonable to assume that several them would have been placed in significant jeopardy had the court in the present case determined the EncroChat material to have been inadmissible.
The convictions of Paul Fontaine and Frankie Sinclair, the first defendants to be convicted of conspiracy to murder based on EncroChat material and the subject matter of the newspaper article cited above provide a cogent example. Both men were convicted of conspiracy to kill a rival drug dealer in retaliation for a previous shooting incident. In respect of Fontaine defence counsel highlighted that “there was no DNA, no fingerprints, no eyewitness, no actual drugs or guns.
Nothing. All the evidence depends on EncroChat.” (The Guardian, above). No such conviction would have been possible had the EncroChat material been ruled inadmissible.
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