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NCA about the #Encrochat Court Case: defence expert evidence limited and flawed

Johnathan Kinnear, representing the NCA, told the tribunal that although they were to be “taken as read”, the conclusions of the defence’s expert evidence were limited, flawed and often based on an incorrect interpretation of the law.


He said the expert was confused over the legal definition of “interception” and that, as a result, “flawed reasoning pervaded” a report.


“The report simply does not contradict the Crown’s contention that material was collected from the handsets. It certainly does nothing to undermine the lawfulness of the warrants,” he said.


Kinnear said a second, later report found that data was encrypted from the phone handsets and then collected at the server. He told the court that this supported the Crown’s argument that EncroChat messages were taken from EncroChat phone handsets.


Kinnear said there was not a “Rizla paper” between the NCA and the defence expert report’s findings, which he said effectively found that the intercepted data came from EncroChat handsets, “but may have been collected in a slightly different way to what the Crown says”.

“It is ironic that [the expert report] appears completely supportive of the NCA’s position,” he said.



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