Feeds

Operation Ore decision a 'serious miscarriage of justice' - lawyer

Judges ignored evidence, lacked expertise

Secure remote control for conventional and virtual desktops

The solicitor who brought the Operation Ore appeal that was finally rejected today has questioned whether the British courts had the expertise to consider deeply technical cases.

Chris Saltrese, the solicitor who brought the case on behalf of Anthony O'Shea, told us today that in his view, the verdict was "not based on the evidence".

Speaking on the dismissal of O'Shea's appeal against his conviction for incitement to distribute an indecent photograph of a child, he told us: "This is a disappointing judgment but not unexpected.

"The Court of Appeal decided to hear a two week case in two days by not hearing the evidence," he claimed.

"As a result, the Court overlooked the key issues in the written submissions. It substituted its own version of the significant evidence."

"The Court's version did not include the core evidence on which the appeal was based.

The House of Lords Science and Technology Committee has recommended that the Government review the availability of independent specialist advice in court cases involving internet-related crime, Saltrese said. "The conduct of this case suggests that such a step may now be timely.

"Landslide [the database in which O'Shea's details were found] was not a child pornography portal. It was an internet vehicle through which criminal webmasters processed stolen credit-card information," Saltrese continued. "The evidence is clear but was overlooked by the Court.

"We would stress that we remain convinced that Operation Ore in general, and this case in particular, was seriously flawed and a miscarriage of justice."

O'Shea would now have to consider his next steps, Saltrese said.

From the authorities' point of view, the verdict vindicates Operation Ore. Jim Gamble, ACPO lead for child protection, told the Reg earlier today: “Today’s decision by the Court of Appeal draws a line under the efforts of a small number of individuals who, over the past ten years, have perpetuated conspiracy theories about Operation Ore." ®

Build a business case: developing custom apps

More from The Register

next story
Detroit losing MILLIONS because it buys CHEAP BATTERIES – report
Man at hardware store was right: name brands DO last longer
Yes, but what are your plans if a DRAGON attacks?
Local UK gov outs most ridiculous FoI requests...
Munich considers dumping Linux for ... GULP ... Windows!
Give a penguinista a hug, the Outlook's not good for open source's poster child
Govt control? Hah! It's IMPOSSIBLE to have a successful command economy
Even Moore's Law can't help the architects of statism now
Snowden on NSA's MonsterMind TERROR: It may trigger cyberwar
Plus: Syria's internet going down? That was a US cock-up
New voting rules leave innocent Brits at risk of SPAM TSUNAMI
Read the paperwork very carefully - or fall victim to marketing shysters
Rimini Street promises 'business as usual' after Oracle IP judgment
Rimini's wrong on Oracle database licence, says judge
prev story

Whitepapers

Endpoint data privacy in the cloud is easier than you think
Innovations in encryption and storage resolve issues of data privacy and key requirements for companies to look for in a solution.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Top 8 considerations to enable and simplify mobility
In this whitepaper learn how to successfully add mobile capabilities simply and cost effectively.
Solving today's distributed Big Data backup challenges
Enable IT efficiency and allow a firm to access and reuse corporate information for competitive advantage, ultimately changing business outcomes.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.