The Forgery Allegations in relation to the Additional Documents.
COPA’s Additional Forgery Allegations were made following the disclosure of, and my permission to Dr Wright to rely on, the Additional Documents. In relation to the LaTeX files, Dr Wright’s submissions were set out in section IV of his Written Closing. I consider those submissions below. In relation to the remainder (i.e. the BDO drive image and the 17 other documents in the Samsung drive alleged to be forgeries), Counsel for Dr Wright relied on the submissions made in relation to his original disclosure, and indeed, I took that into account when considering those submissions, above.
However, it is relevant to note that the BDO Drive image was relied upon as a time capsule dating from 31 October 2007.
Nevertheless, Counsel for Dr Wright relied on some additional points. First, the alleged hack by Mr Ager-Hanssen prior to his dismissal from nChain, which I discuss below. Second, they pointed out that Dr Wright took issue with the evidence of Mr Hinnant and Professor Stroustrup relating to {ID_004712} and {ID_004713}. I have considered these submissions in the Appendix, see section 33.
So far as the alleged hack by Mr Ager-Hanssen is concerned, Counsel for Dr Wright submitted the evidence was as follows, and I quote (although the underlining is my added emphasis):
‘On 19 October 2023 (before any independent analysis of the Samsung Drive had taken place), Dr Wright stated in Wright 3, para 18 that Mr Ager-Hanssen had contacted Dr Wright’s wife on 25 September 2023 and sent her screenshots of Dr Wright’s browsing history, which were later published on social media. Dr Wright believed that Mr Ager-Hanssen had obtained these from his Wright International Investments UK Ltd laptop, by using a policy install attached to software from nChain Ltd to push unauthorised changes to Dr Wright’s system. Dr Wright stated that this was reported to both nChain and the police at the time. Dr Wright understands that Mr Ager-Hanssen was dismissed by nChain shortly after this incident.
On 1 December 2023, Dr Wright set out his account of his discovery of the Samsung Drive. At paragraph 22, he explained that after finding the drive at his home on 15 September 2023, he plugged it into his laptop to ensure that it was working{E/20/7}.
On 11 December 2023, Dr Wright explained in Wright 7 that tweets and photographs subsequently posted by Mr Ager-Hanssen on 5 October 2023 revealed that the latter had obtained access to the BDO Drive, because those photographs revealed the contents of the BDO drive being displayed on a laptop that was not his {Wright 7, paras 12-14 {E/22/6-7}.
In Wright 14, Dr Wright stated his belief that Mr Ager-Hanssen had access to his company laptops and files from around May 2023 {E/33/5}.
When the Additional Forgery Allegations were put to him in cross-examination, Dr Wright repeatedly denied them and maintained that they must have been caused by whomever had obtained unauthorised access to his systems in 2023 {Day 5/23} to {Day 5/121}. He confirmed orally, when asked, that he had left the Samsung Drive connected to his laptop for some time after checking that it worked, and that he did not recall having logged out of it before stepping away from it {Day 5/36}. Notably, COPA has not challenged Dr Wright’s account of his systems having been hacked.
Moreover, Mr Madden accepted in cross-examination that, if a hacker had gained unauthorised access to Dr Wright's computer through, for example, the use of a Trojan, that hacker could have gained full control of that computer, maintained access to it through a remote network connection, and used such access to steal information or spy on Dr Wright. Further, the hacker would have gained and maintained access to other computers on the same network, as well as to any drive that was connected to it. This in turn would have given that person access to the Samsung Drive when it was connected to Dr Wright's computer, and in turn to the BDO Drive {Day 16/84/17} to {Day 16/88/5}.’