GUILTY South Africa - Gill Packham, 57, murdered, Cape Town, 22 February, 2018 *arrest*

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Prosecutor Susan Galloway (SG) hands up the timeline that RH compiled. RH: First page shows calls between Rob and his wife Gill. It shows who phoned and the call duration.

RH: The last two calls are made from Rob's cell to Gill's cell "and it was after she was reported missing".

RH: This page shows calls between Rob’s cell and Gill's school. The first call was from the school at 9:55, for 41 sec Third page- calls between Rob’s cellphone and Springfield school. The first call originated from school at 9:55, and it was 41 seconds.

RH: Then also on 22 Feb, call at 14:33 from Rob's phone to school for 9 seconds. Lastly, I looked at calls between him and his daughter Nicola.

RH: This page shows calls between Rob’s cell and Gill's school. The first call was from the school at 9:55, for 41 seconds.

Team News24 (@TeamNews24) | Twitter
 
RH: I analysed two types of data, the first being incoming and outgoing call data. The second is GPRS data (whatsapp msg, internet).

RH explains that abbreviations in the data files show who made/received calls, and if the phone was off and calls were forwarded to voicemail.

State asks RH to go through the timeline of events he prepared. RH: The first line is the accused, Rob Packham, and the second line is the deceased's motor vehicle (the BMW).

The timeline is very complicated. RH refers to Rob Packham's line, which shows that on 21 Feb, at 12:05, his burner phone was picked up at the Clock Tower at the Waterfront.

RH says that Packham's "normal phone", i.e. his work phone, was not at the Waterfront. On 21 Feb, they had a meeting at the marriage counsellor. Two calls were made from Rob to Gill's phone. She arrived home around 9pm.

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RH: From 21:04 on 21 February, 2018, Gill's phone is not active until the next morning. Her phone was turned on again at 07:03 (the day she went missing).

RH: The last cellphone data received for Gill Packham's phone is at 07:09 on 22 Feb, 2018. "What happened then?" asks Judge Steyn. "It was never to be on again," RH replies.

Defence raises objection and says RH is interpreting the data from the docket and making his own assumptions. Judge Elize Steyn says everything that has been said so far has been aired in court already.

Adv Craig Webster: He is taking his cellphone data and applying his own interpretation to what he thinks is a reconstruction of what he thinks happened. State responds that the interpretations are open to argument. Judge asks him to stick to data.

RH: The next activity is Rob Packham's cellphone picking up signal at Constantia Dale tower at 07:28 on 22 February 2018. Between 07:45 and 09:53, the cellphone is off. 7 calls were forwarded.

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Rob's work phone was active again at 09:53 the same day, when he arrived at work. His 'burner' phone was in the area of Greenways Hotel tower at 08:46am.

RH: The next item is the call from Springfield Convent at 9:55am, then the call from Nicola Packham at 9:56.

RH: Then we look at the towers that were picked up by Rob's phone between 11am and 2pm on 22 Feb, 2018: Wynberg, Constantia, Greenways, Cavendish, Kenilworth, Plumstead, Kalk Bay, Seaforth, Steenberg.

RH: At 14:11 on 22 February, 2018, Rob's phone picks up in Quintus Way, where a witness saw him.

RH: At 14:37, Rob's phone was picked up in Diep River.

State says it has come to an agreement with the defence that RH will compile a concise timeline that has no inferences of his own.

Court will stand down until a bit later today.

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We are back with cellphone mapping expert, Warrant Officer Reece Harvey (RH). He confirms he has compiled a revised, concise timeline.

SG: On February 22, at 17:29, the phone records show a link to cell tower Wynberg SAPS.

RH says the data from the discreet or 'burner' phone is in a separate document.

RH: The last activity on the burner phone was at 17:21 on Feb 23, 2018. State ends its questioning. Defence advocate, Craig Webster (CW), stands up for cross-exam.

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RH repeats that on February 21, 2018, Rob's burner phone was picked up at the V&A Waterfront at 12:05. The next day, at 08:46, that phone picked up at Greenways Hotel tower.

CW: If you can see a tower, your phone should pick up that signal?
RH: Correct.
CW: And the signals of different towers will overlap?
RH: My understanding is that the cellphone tower will pick up the closest and strongest tower.

CW says he is very surprised that RH doesn't know what he is talking about. He says he will call an expert witness to testify to overlapping signals of towers.

CW hands up a diagram showing the Constantia Dale cellphone tower in Walloon Road and then a tower close to the Diep River police station on the other side. "I understand there are places where the signals will overlap with each other".

RH says it is possible that signals may overlap. He questioned phone providers on these signals but admits he is not an expert. He says the map provided by Vodacom is accurate. CW says the signals emit in all directions.

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CW: I am putting to you, in terms of my understanding and inputs from expert, that [the Vodacom map] is entirely misleading.
RH: The map does not show the entire area that the signal covers, only the area relevant to the case.

CW: I put it to you that the distance a tower transmits to is up to 15km, 20km. RH: That's incorrect my lady. The cell ID will cover that particular area, and cellphone may need to jump to next tower for stronger signal.

Judge wonders when a tower is busy or overused... when a rugby match is on etc.
RH does not know.
CW: One is talking about quite a dynamic process where your cellphone is searching for signals.

CW: You might be connecting with a tower further away if there is no clear line of sight. RH: Correct.
CW: It would also depend on how busy the tower is.
RH: My understanding is that if tower is busy, they have additional cell IDs on that same tower.

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CW: There are a range of variables that determine if a signal is picked up. RH nods.
CW: It would be fair to say that if my phone is picked up by a tower, it means no more than it was in the line of sight of that tower and had capacity. RH: Correct

CW: So it doesn't mean that it was the closest tower to your phone.
RH: Only if that tower doesn't have capacity.
CW: If you are in a particular place and signal is weak, that signal might reconnect to another tower.
RH: That is possible.

Defence wants to know when RH got the cellphone data that needed to be analysed.
He replies that it was in early November 2018.

CW asks about call forwarding.
RH says this happens when a phone is switched off and a call goes to voicemail or is diverted.
CW says that a call can also be forwarded if signal is weak or someone is busy with another call.
RH agrees.

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CW refers to Gill's last cellphone activity at 7:09 on Feb 22, 2018. Phone picked up signal at Constantia Dale tower, which is near the couple's home in The Vines, Constantia.

CW: I want to put it to you... that if his phone is picked up by tower at BL Agencies (on RHS of map), it means he was within range of that tower. It might apply to him being home in Riesling Road (LHS).
RH: Cannot rule it out but also can't agree with you.

CW: You apply same logic to his phone being in same area as licence plate recognition camera in Kendal Road.
RH: Yes, it was the same cellphone tower but different cell IDs.

CW refers RH to entry of Feb 21 at 21:28, where comment is made 'RP arrives home'. He says the phone communicates with different towers.
RH says GPRS data can hop around but for calls, it would be to closest and strongest tower.

CW says the point he is trying to make is that the person may not be moving around with their phone. RH agrees.

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CW: We have three different colours on the Vodacom map. Why are they different sizes? RH: It depends on the strength of the tower and how busy the tower is.
Witness is excused from the stand.

SG hands up still photos of the green BMW that was captured by CCTV footage in Riesling Road at 7:34 on Feb 22, 2018.

SG indicates that what has been presented is the State's case.
Defence Advocate Craig Webster stands up. We have two police witnesses to call about the taking of the affidavit.

Many have been asking me about this: Defence confirms it will call Rob Packham to testify at some stage (after the two police witnesses have been called to testify about his affidavit).

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The defence calls its first witness, Warrant Officer Steven Young (SY).

Defence advocate Craig Webster goes through SY's credentials. He is a detective stationed at Diep River SAPS and has been a cop for 34 years.

CW says that SY acted as a commissioner of oaths for the statement of witness, Keanan Thomas, on February 23, 2018. SY says a colleague took the statement after interviewing him.

SY: My colleague transferred the affidavit onto a USB stick, brought the witness to my office and we then printed a hard copy. He noticed my particulars on the 2nd page and asked that I commission it, which I did.

SY says he checked everything with Keanan Thomas. "He was satisfied with the contents of the affidavit". He did not qualify anything he had said.

CW hands up a police standing order on preparation of dockets and statements. He refers SY to a paragraph which says that the statement must be read back to witness or handed to witness to read.

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CW asks what would have happened if Keanan Thomas wanted to change or amend his statement.
SY replies that they would change it or rule out something and then initial any changes before he signs the document.

SY: We would not alter any statement that has already been signed or affirmed. We would then add a supplementary statement as to what discrepancy the witness was unhappy or unsure about.

SY says he has not seen a supplementary affidavit for Keanan Thomas. "It would most probably (or should) be noted in the investigation diary of the case docket."

Team News24 (@TeamNews24) | Twitter
 
Under cross-exam, prosecutor Susan Galloway asks if it is normal practice for SY to commission his colleague's statements. He agrees and says he commissions 2-3 statements a day for him.

State: So there is nothing strange or out of ordinary with the manner in which this statement was commissioned? SY: "Not to my knowledge"

SY confirms he was not present when Keanan Thomas' statement was drafted, so he cannot comment on that.

The witness is excused. The defence says its other witness it had hoped to call is overseas. CW asks that the trial be adjourned until the beginning of the second term, on April 15. Judge postpones until then.

Team News24 (@TeamNews24) | Twitter
 
Yesterday the defence said they were calling 2 police witnesses today.

Incredibly, the defence said today that the second witness is overseas!!! OISA
 
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