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Two phones belonging to Ben Lacomba were active at key points on the night his former partner Sarah Wellgreen disappeared, say prosecutors.
Woolwich Crown Court today heard that the two handsets were never recovered by police investigating the disappearance of the 46-year-old mother-of-five from her New Ash Green home.
That meant information on the use of the phones on the night of October 9-10 2018 and the surrounding time period could not be downloaded.
But DS Alistair Worton said they were able to gather information on the times the phones connected to a network, referred to as “data sessions”.
While 39-year-old cab driver Lacomba says he was at home in bed all night, the prosecution say his red Zafira taxi was first picked up on CCTV leaving New Ash Green at Church Road, at 2.13am on October 10 - and suggest Lacomba was at this point driving away to dispose of Sarah’s body.
Meanwhile phone evidence shows two data sessions on both phones, one running from midnight to 1.30am on October 10 and the other running from 11.42pm on October 9 to 1.42am on October 10.
The phones are then inactive until a data session then starts at 04.38am and runs for two hours and 48 minutes.
Prosecution suggest Lacomba’s car was picked up on CCTV returning through Church Road, New Ash Green, at 4.28am.
CCTV near Bazes Shaw show a reflection of light at 4.31am and a double flash of light at 4.52am — allegedly Lacomba parking up and then leaving and locking his vehicle.
Defence barrister Benjamin Newton questioned the validity of the evidence noting that a phone could download an email or update without someone actively using it.
He added: “all that a data connection shows was that the telephone was connected to the network during those times.”
Furthermore he said a phone could be in use while not being connected to the network, and he noted that the times given for the end of a data session were not always reliable.
Prosecutor Alison Morgan QC stressed the fact that the information might have been clearer if Lacomba’s phones had been recovered.
She asked DS Worton: “If those telephone handsets had been available would they have been submitted to experts for analysis?”
He replied that a smart phone would provide “an absolute wealth of data” about the owner’s use of the phone.
Read more from the trial:
Ms Morgan added: “But without the phones that’s not possible.”
Earlier evidence had suggested Lacomba disposed of his phone in the river Thames after police requested to seize it.
He also remained silent through more than nine hours of questioning after he was arrested on suspicion of murdering his former partner.
Junior prosecution counsel Alistair Richardson told Woolwich Crown Court how Lacomba was arrested a week after Sarah went missing and interviewed eight times, for a total of five hours and 49 minutes, by DC Tateson and DC Mitton.
Lacomba was then released on October 19 at 11.50am, but rearrested at 6.45am on December 20 at his home in Bazes Shaw, New Ash Green.
DC Tateson and DC Mitton conducted a further three interviews over a period of three hours and 20 minutes and as before, Lacomba remained silent in response to every question.
“He was charged with the murder of Sarah Wellgreen at 7.40pm on the same day,” said Mr Richardson.
“He made no reply to charge.”
A grey and red top, emblazoned with a polar bear in festive scarf and the words ‘Happy Bear’, and found in Lacomba's shed was mentioned in the interviews.
Mr Richardson recounted how police had found it.
Officers had searched the shed on October 19, when they discovered a 5ft 5in long-handled shovel and a smaller shovel, but did not see the top.
However when they returned on November 2 the top was found and seized.
Damp to the touch, the top was also covered in some pieces of vegetation, thought to have originated from a silver birch tree.
It was also noted that Lacomba’s garden was laid with artificial grass and experts were brought in to examine the shovel.
Forensic archaeologist Karl Harrison noted the blade was consistent with it having had very little use, but had orange-brown soil on the front and back.
Reading agreed facts, Mr Richardson said Sarah Wellgreen had consulted with GPs in previous years about depression, but had not reported any mental health issues in the months before her disappearance.
It was also noted that no evidence relating to Sarah Wellgreen - e.g. hairs or blood - was found in Ben Lacomba’s car.
Lacomba denies murder and the trial continues.
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