Why didn't the police check for malicious software? According to prosecutor David Smith, the police didn't check for malware because the defense didn't raise the possibility of a malware attack during the pretrial phase, as required by law.

Rules are rules. As much as I don't like seriously unfair results due to technicalities, the rules of procedure have no weight if they don't result in inadmissable evidence. Sometimes, technicalities give really dumb results, but they're the same technicalities that throw out evidence gained without a search warrant and recordings of interrogations where a lawyer was denied

It's unfortunate, but it's our legal system. It's also what appeals are for.

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