A barrister has suggested it could have been the partner of a Lake Illawarra police officer who impersonated another cop to gain access and cancel his accounts before sending intimidating messages to loved ones.
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Sergeant Lee Paterson pleaded not guilty to nine charges related to using the personal information of Senior Constable Ashley Tecles to access his mobile phone and social media accounts when their relationship soured in 2017.
Paterson is also defending fraud and intimidation charges amid allegations he used Mr Tecles' Woolworths Everyday Rewards card account without permission and sent antagonistic messages to three women while pretending to be Mr Tecles.
Crown prosecutor Shaun Croner alleged Paterson used Mr Tecles' personal information to cancel the latter's mobile phone service on November 17, 2017.
It is also alleged Paterson was able to lock Mr Tecles out of his email and social media by trying to change the personal information in the accounts.
Mr Croner alleged once Paterson had access to the phone he sent messages - purporting to be from Mr Tecles - to his former friend's ex-wife threatening to strangle her.
He also sent an email to Mr Tecles' current partner detailing allegations of infidelity.
Additionally, Mr Croner also alleged Paterson used Mr Tecles' Woolworths Everyday Rewards account without his permission to get a discount on fuel on two occasions in 2018.
During closing submissions on the second day of the Wollongong Local Court hearing, defence barrister Will Tuckey submitted the case against his client was circumstantial.
He suggested Paterson's partner Bill Mackay also had access to the phone and computer that the prosecution alleged was used to impersonate Mr Tecles.
Mr Tuckey said Mr Mackay had not been called to give evidence to rule out that he, not Paterson, accessed the devices at the time they were used on multiple occasions to contact Mr Tecles' mobile service provider to cancel it, and send the distressing text messages.
Mr Tuckey said that a police search warrant video showed Paterson and Mr Mackay both knew the passwords and used the devices inside the home.
He suggested to Magistrate Gabriel Fleming that if she could not exclude that someone other than Paterson was the person who accessed Mr Teckles' phone provider then she should acquit his client.
Mr Tuckey went on to suggest the Crown had not proved there was an element of deception involved when a Woolworths Everyday Rewards card was used to get a small discount on fuel nor that Mr Tecles had withdrawn his consent to use the account.
In the Crown's closing address, Mr Croner took Magistrate Fleming through the documents that he said proved Paterson communicated with the mobile phone service provider via its online live chat option in the early hours of November 17, 2017.
Mr Croner said the documents showed Paterson was able to provide enough identification to purport to be Mr Tecles, and it could have only been him as he had knowledge of Mr Tecles' personal information due to their very close friendship.
He went on to allege Paterson did that so he could suspend Mr Tecles phone service and restrict his access to the phone.
Mr Croner also submitted data from the phone recovered at Paterson's home showed it was used to successfully port Mr Tecles' number from one network to another.
Mr Corner alleged this was Paterson's ultimate goal because he wanted to send messages to Mr Tecles' loved ones, causing them mental and physical distress.
He produced data from the phone and a WiFi network that he submitted proved Paterson was using the phone at the time the messages were sent.
He concluded by submitting Paterson was the person who could have accessed Mr Tecles' phone service and sent the messages because he was unhappy the friendship broke down and he became "obsessed with Mr Tecles and his life".
Magistrate Fleming will consider her judgement and deliver it to Paterson on May 18.
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