"I thought you only had a few questions you missed from overnight ... we've now been at this for almost an hour," Justice Code says. "Try to tighten it up, Mr. Millard."
Millard asks Falconer if he would agree that some of the data is in error. Falconer says no.
Falconer says "It's not my error. It's not the software that's in error." He says GPS errors could come from poor reception and satellite positioning.
They're still talking about GPS data now, and how accuracy can be a little screwed up at times.
"The reliability of the device can be affected by many hundreds of factors," Falconer says. "That doesn't mean the data on the device is wrong ... there's just different factors that affect it."
"He's answered your question, Mr. Millard," Justice Code says. "You've got your answer. Move on."
Code again tells Millard to move on to the next question. He keeps throwing up hypotheticals about data.
Millard now asking about dates from data that "precede the creation of the device."
"Mr. Millard, this is a very interesting esoteric debate, but it doesn't strike me as relevant in any way," Justice Code says.
Millard is now asking Falconer if he's familiar withĀ random computer programs. Falconer keeps saying no.
Millard is now done his cross.
Smich's lawyer Thomas Dungey is now up for his cross examination.
Dungey says he's asked FalconerĀ to pull some data from things that weren't in his initial presentation.
Dungey says we're looking at an iPhone backup from "Dell's iphone." It's messages between Millard and yes_you_may@hotmail.com, which Dungey says is Smich. It's from March 14, 2013.
These are iMessages from Smich to Millard.Ā "I never bought this iPad bro. You gave it to me."
Dungey asking about the iPad. "That iPad first appeared on Mr. Millard's computer, right?" Falconer says it was first connected to Millard's computer.
"Can you tell the exact date and time that the device name and display name changed?" Dungey asks. Falconer says no, also says he can't, and also can't say how many times it changed.
Falconer says it's likely that between July 4, 2012 and January 2013, the device name was changed to "Mark's iPad."
Falconer says at the time of the first connection on July 4 2012, the device may have already been named "Mark's iPad." "The reality is you don't know when the name Mark's iPad was put on it," Dungey says.
Falconer says the name change could have been done in "many different points in time," even into January of 2013.
Dungey now asking about if the iPad will always back up to the same place on the computer. Falconer says yes. Dungey is now done.
The Crown is now re-examining.
Crown Ken Lockhart asking if serial number can be changed in a backup. Falconer says no, it can't be changed.
Lockhart says there's a number of pictures in Falconer's presentation. "Did you ever see any indication in the metadata that photoshop had been used?" Falconer says no, both in metadata, and date and time stamps.
Millard asked a bunch of questions about photoshop yesterday.
After several days of testimony, Jim Falconer is now finished.
Now taking the morning recess. Back in 20 mins.
We're back in court, currently some legal arguments going on in absence of the jury.
The jury is back in, we're getting back underway.
The next witness isĀ Sgt. Annette Huys.
She's an officer with Hamilton police. She was part of a search in the Spring of 2013.
She's worked with Hamilton Police for 20 years.
On May 11, 2013, she went to 2548 RosevilleĀ Road in Kitchener.
It's a rural property with a barn. She was there to execute a search warrant with other officers.
She was there searching for about a week.
Huys says she was taking pictures during the search.
We're now going through some photos on the screen. The first one is a google maps shot showing where the Rosedale Road property is.
We're now seeing a satellite image of that address.
We're now seeing a photo of a large, old looking barn on a rural, farm property.
Now another shot of the barn. There's an old wooden fence around it, too.
Now seeing a photo of a dirt path, leading up to the barn.
Another shot of the barn -- some wooden planks seem to have fallen off of it, leaving portions exposed.
In another shot, you can see there's a large section of the back corner of the barn that has fallen away, and the inside is exposed.
We're seeing more photos of the barn -- basically, the officer is circling around it in photos.
We're now closer to the barn - in this one you can see two sliding doors and what looks like a big pile of hay outside.