Woman cleared of sending herself abusive messages in ‘complex case’

Woman cleared of sending herself abusive messages in ‘complex case’

18 July 2018

A NEWCASTLE woman has been cleared of sending abusive Facebook messages, purportedly from an ex-boyfriend, to herself in what was described as “a highly complex case” involving social media hacking.

Kirsty Louise Russell (22), of Boulevard Park, denied a charge of wasting police time by knowingly making a false report of an offence.

It emerged at Downpatrick Court on Monday that the messages were not sent by her ex-boyfriend.

The court heard that Russell complained to police in 2016, claiming she had received two abusive and threatening Facebook messages from an ex-boyfriend’s Facebook account. She had taken out a non-molestation order against the ex-boyfriend at the time.

When police began to investigate, it was discovered that one of the messages was sent from an IP address using a Talk Talk internet account registered in Russell’s name and her address, and another from a coffee shop that she regularly frequented. 

An IP address is a unique stream of numbers that link and identify whatever computer is using the internet much as finger prints are unique to individuals.

A defence solicitor said there was a bad history between Russell and her ex-boyfriend. There was also animosity towards the ex-boyfriend from Russell’s new partner as they both knew each other previously.

The solicitor accepted the Crown evidence as well as evidence from an internet expert hired be the defence that Russell’s IP address had been used to send the messages.

But he argued that it could not be proved that his client had sent them as she was living with her partner in the flat at that time. 

He also claimed that anyone close in range to her internet Wi-Fi service could have used it as it was not password protected and it could have been remotely sent by her ex-boyfriend using her IP address.

Russell  further told the court that that anyone standing on the road could have used the service as she could pick it up herself outside and that she also allowed neighbours to use their service.

When asked by the prosecutor if she had sent the messages to herself, Russell answered: “Definitely not. I didn’t send them.”

She was then asked if her current boyfriend could have sent them, she replied: “No, because he is my partner. He wouldn’t talk to me like that.”

Russell was questioned by Deputy District Judge Philip Mateer, who concluded: “I’m not entirely impressed by Ms Russell’s attempts to fully answer my questions.”

The judge said he found the idea that her ex-boyfriend would have stood outside her home to send Facebook messages to her as “far-fetched.”

He added that he had “strong suspicions that she was deeply involved in the messages” whether she sent them or had knowledge of them being sent.

However, he acquitted Russell of the charge, saying: “There is an absence of complete clarity to point the finger of blame at Kirsty Russell as the possibility of someone else sending the messages cannot be ruled out.”

He fined Russell £400 after she admitted procession of a small amount of herbal cannabis found at her home when police called to interview her about her complaint.