Perhaps the hardest thing for Jim Bates to hear at his
sentencing
for making false written witness statements in criminal proceedings was the
Judge, Simon Hammond, saying: "I’m quite sure his career as an expert witness is
now finished."
Bates is a founding father of the UK's forensic computing industry. He made
his name analysing the Aids Trojan back in 1989, and had then been invited to
lecture at the Police Bramshill
Training College in Hampshire on the emerging threat of viruses. His
forensic expertise has been used in major cases ever since.
Waiting for more than four hours for sentencing outside Court 4 at Leicester
Crown Court yesterday, Bates had been mulling over his future. It was not about
would he go to prison like fellow perjurers Jeffrey Archer and Jonathan Aitkin,
but what would the Judge say about his lifetime’s work. And how could he
continue his 'calling' as his brother Don called it.
"I hope they re-open the cases," said Bates. That would just confirm his
legacy, but how could he continue his work exposing flaws in Operation Ore, the
police investigation into UK users of a US-based site that sold images and video
clips of child porn.
"It’s a niche. It's not rocket science, but I’m good at it," he said. His
crime had been to say he had a BSc degree in electronic engineering, in Court
and on witness statements on five occasions between 1995 and 1997, when he
didn’t.
He was sentenced to six months for each of the four counts of making false
witness statements, and one count of perjury, suspended for two years. He also
has to pay £1,000 towards costs.
In his pre-sentence summing up Judge Hammond said: "There is no doubt as to
his expertise. He was no charlatan… His experience was sufficient to justify his
status… he provided invaluable assistance to the police.
"This is a very sad case. It is very important that an expert witness must be
scrupulously honest. It was absolutely wrong to claim he had a BSc when he
hadn't."
The leading names in UK computer forensics tend to be academics: Professor
Tony Sammes who set up the
Centre
for Forensic Computing at Cranfield University, Professor Peter Sommer at
the LSE, Professor Neil Barrett who lectures at Cranfield and works for the EU.
"I should have got some formal qualifications in computer forensics? They
didn’t exist and in spite of Tony Sammes they still doesn’t exist," said Bates.
"You have to allow for people who don't have academic qualifications or the
whole thing becomes enthralled to academe."
So why lie? He says he was encouraged by police officers to give himself some
credibility. He had told the Court he’d paid £50 to take some exams to give him
the equivalent of a BSc. Judge Hammond called this a "bluff" and "a lie".
Bates is often critical of his rivals and through his career has written
exactly what he thought on his websites. But in his own address to the court he
referred to Sammes' work assessing his own.
Bates had worked as the defence expert for Detective Constable Brian Stevens,
the police family liaison officer attached to the family of one of the murdered
Soham schoolgirls Holly Wells and Jessica Chapman. Stevens was arrested as part
of Operation Ore on charges of possessing child pornography.
The case was dropped after Bates' work led prosecution lawyers to admit that
their expert witness had made "substantial errors" and reached a "wholly false"
conclusion in his analysis of the officer's laptop computer. Stevens was later
jailed for falsifying his alibi to escape the charges.
In court Bates revealed that Sammes, "the foremost computer expert in the cou
ntry", had reviewed the prosecution and defence work on instructions from the
Crown Prosecution Service.
"My work was unimpeached in the professor's report."
Judge Hammond agreed. "Professor Sammes checked the defendant's work and
concluded he was right in his conclusions," he said.
But Operation Ore has been exposed to be flawed thanks to Bates work. He
estimates that between 50 per cent to 80 per cent of the people caught up in it
are victims of credit card fraud. In all, 7,272 British residents were on its
target lists, more than 2,000 of whom have never been investigated; and 39 men
have killed themselves under the pressure of the investigations.
Bates is passionate about helping those wrongly accused in this case. One man
caught up in the case, who Bates had helped, was at Bates side supporting him at
Leicester Crown Court.
Bates, who defended himself after sacking his legal aid team, now lives on a
state pension with his wife, in rented accommodation. He is investigating
whether he has grounds to appeal his conviction.
Don Bates, Jim’s younger brother, said: "He genuinely believes his education
is to that level. I think they're going after him for something, anything,
because of the comments on his website. I’ve been very proud of some of the
things he's done. He’s one of the good guys."
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