Moreover, while the defendant's claim that his fingerprint was inserted only on August 28, 2022, no corroboration or confirmation was brought, in the targeted extraction that was carried out on phone A32 as part of the summons investigation, a screenshot was found on July 28, 2022, at 19:21, of identity verification by means of TA in the WhatsApp application [P/187 - Report of Insights of Phone Discharges - Document marked M.K. 13]. In this context, counsel for the defendant argues in their summaries that on July 28, 2022, no telephone calls were made from subscriber 685, and that it is possible that another member of the family activated the protective measures and inserted the fingerprint.
In the face of this argument, it is appropriate to present a threefold answer. First, as has been clarified, there is no evidence that any other family member used the A32 device while it was being held for the defendant's use. On the contrary, the evidence actually indicates that the phone was protected by a code that was known only to the defendant, and all the uses for which a conclusive conclusion can be drawn together for subscriber 685 point to the defendant as the sole user. Second, if another family member had indeed "locked" the access to WhatsApp on the device using his fingerprint, then the question arises as to how the defendant managed to use WhatsApp during the entire month that passed from July 28, 2022, until the day of his arrest, August 29, 2022.
Finally, as the learned prosecutors have been able to show, the claim that on July 28, 2022, the defendant did not conduct conversations through the A32 is correct, but an examination of the products of the penetration of the device as part of the inviting affair shows that on the evening of July 28, 2022, there was lively correspondence in the WhatsApp framework between the A32 and the subscriber 054-9748557 (hereinafter: "557"), the identity of whose owner is not known with certainty, but with whom the defendant has been in extensive business correspondence since August 2021. Correspondence that lasted right up to the day of arrest [P/187 - Section 7A, P/187A - Raw Information - M.K. [11]. Meanwhile, on July 28, 2022, at 7:22:46 P.M., only one minute after the screenshot of the identification confrontation in TA, a WhatsApp message sent from the A32 to subscriber 557 was documented as an integral part of the correspondence to which the defendant is a party [ibid., M.K. 11 - Column 7258].