The officer leading a municipal corruption investigation into former Calgary mayor Jyoti Gondek testified Wednesday that police have more than a "hope" that technology will eventually allow them to extract data from her locked cell phone.
Phone Seized Three Months Ago
Police seized Gondek's iPhone 17 during a search of her Calgary home three months ago. Investigators have been unable to unlock the device, which is believed to contain evidence related to allegations of municipal corruption, obstruction of justice, and fabricating evidence.
During a court hearing, lawyer Rebecca Snukal grilled Detective Matthew White on why investigators want to hold onto the phone for an additional nine months. Snukal suggested police may never be able to crack the passcode.
"You're relying on hope," Snukal said.
"There's hope but there's also the idea that technology is continuing to evolve," White replied, explaining that Cellebrite software used by digital examiners must adapt each time Apple updates iPhone operating systems.
Application to Extend Detention
Calgary Police Service lawyer Doug Taylor is asking Justice Allan Fradsham to extend possession of the seized phone to a full year, allowing time for future software updates to enable access. In his affidavit, White stated that current Cellebrite software cannot perform a brute-force extraction on Gondek's iPhone 17 model.
"As technology evolves, it is anticipated that a version of Cellebrite will be released which will allow for a brute force extraction on this model of iPhone running recent operating software," White wrote. However, he added, "There is no timeline on if/when this capability will be available."
Snukal argued that without a timeline, the application is based on speculation. White conceded he has no idea when such technology might emerge.
Investigation Details
The investigation centers on a proposed land use bylaw that initially failed on a 6-6 tie. Then-council member Sean Chu later tabled a reconsideration motion, and Gondek, who was absent for the initial vote, voted in favor, leading to an 8-5 passage.
Police received information that local developer consultant David White had offered campaign donations exceeding legal limits to councillors in exchange for supporting the reconsideration motion. According to White's affidavit, a search of David White's phone yielded evidence of the offences, and it was determined that Gondek had provided guidance to him on approaching another councillor to secure the motion.
White admitted to Snukal that he already has a copy of exchanges between the former mayor and the consultant, but cannot determine if any information was deleted. "I'd like to see them both side by side," he said.
No Charges Yet
At the start of Wednesday's proceedings, Taylor stressed that no one has been criminally charged in the investigation, and charges may never be laid. To date, Gondek has not voluntarily provided her passcode, although White acknowledged police never asked.
The hearing before Justice Fradsham is ongoing.
