UNDERGROUND
for personal gain, the prosecution alleged the hackers had con- spired to break into and modify computer systems. It was a strange approach to say the least, considering that none of the three hackers had ever met or even talked to the others before they were arrested.
It was not so strange, however, when looking at the potential penalties. If the hackers had been charged with simply breaking into a machine, without intending any harm, the maximum penalty was six months jail and a fine of up to £5000. However, conspiracy, which was covered under a different section of the Act, could bring up to five years in jail and an unlimited amount in fines.
The prosecution was taking a big gamble. It would be harder to prove conspiracy charges, which required demonstra- tion of greater criminal intent than lesser charges. The potential pay-off was of course also much greater. If convicted, the defen- dants in Britain's most important hacking case to date would be going to prison.
As with The Realm case, two hackers - Pad and Gandalf - planned to plead guilty while the third - in this case Wandii - planned to fight the charges every step of the way. Legal Aid was footing the bill for their lawyers, because the hackers were either not working or were working in such lowly paid, short-term jobs they qualified for free legal support.
Wandii's lawyers told the media that this showcase was tanta- mount to a state trial. It was the first major hacking case under the new legislation which didn't involve disgruntled employees. While having no different legal status from a normal trial, the term state trial suggested a greater degree of official wrath - the kind usually reserved for cases of treason.
On 22 February 1993, within two months of Electron's decision to turn Crown witness against Phoenix and Nom, the three 8lgm hackers stood in the dock at Southwark Crown Court in South London to enter pleas in their own case.
In the dim winter light, Southwark couldn't look less appealing, but that didn't deter the crowds. The courtroom