Thomas Herdman, a Canadian businessman facing trial for his alleged role in distributing Sky ECC cryptophones, was granted release by a Paris court on 26 June 2025, after entering his fifth year in pre-trial detention.
French, Belgian and Dutch police infiltrated servers belonging to Sky ECC, the world’s largest cryptophone network, and acquired an estimated 1.7 billion messages between June 2019 and March 2021, leading to the arrests of hundreds of alleged drug traffickers in France, Belgium and the Netherlands.
Herdman is one of more than 30 individuals set to stand trial in November 2026, accused of distributing encrypted Sky ECC devices and thereby enabling organised criminal networks.
In an exclusive interview with Computer Weekly, Herdman described an unexpected change in tone during a bail hearing on 26 June 2025.
“As soon as I walked into the room, my lawyer told me something was up,” he said. “The Canadian Embassy was in attendance for the first time in the entire four years I was detained. They’d previously refused to go to court, saying that doing so would appear to interfere with another country’s legal process.”
“We will get new evidence that the French instruction judge refused to get. We have to prove our innocence – there’s no presumption of innocence here”
Thomas Herdman
Shortly after the hearing began, the prosecution requested that the court be cleared of public observers. Herdman’s lawyer advised him to keep his statement short.
Herdman appeared in court with visible facial injuries, which were attributed to a recent incident at Fleury-Mérogis prison. The French prison has not publicly commented on the incident.
Herdman said: “The judge talked about me totally differently. He suddenly said I was a great dad and a former competitive skier and athlete … it felt surreal. The judge asked me about injuries I’d sustained in custody. I told them what happened, and they seemed genuinely concerned.”
Strict bail conditions
Herdman was released under strict judicial supervision. He must wear an electronic bracelet and is subject to house arrest daily from 6pm to 10am. He is prohibited from contacting any co-accused and is confined to the Paris metropolitan area.
Bail terms include a financial guarantee, reportedly totalling €80,000, with additional monthly payments of €5,000.
“I have to get into a routine and make sure I follow all the procedures and limitations,” said Herdman. “It’s the French way – very complicated – and I just hope I can manage it without messing it up.
“There’s a lot of pressure on me to find money and get everything in order. Even the logistics of making bank payments feels overwhelming. It’s the first time in years I’ve accessed my accounts.”
Herdman believes the court’s decision was driven by the length of time he had already spent on remand and the fact that his trial is still more than 18 months away. “I confirmed with the Canadian government that no Canadian has ever been held in pre-trial detention this long in France, apart from a terrorism case in the 1980s,” he said.
The trial is set for November 2026 and could last up to three months.
Now released, Herdman intends to gather new evidence and expert testimony to challenge the prosecution. “We will get new evidence that the French instruction judge refused to get. We have to prove our innocence – there’s no presumption of innocence here. That’s just the reality,” he said.
“My lawyers plan to visit Canada and gather evidence, do some interviews. I hope that the court will eventually allow me to see my mother, but right now I need to stay in France until my trial.”
Despite being out of prison, Herdman describes the experience as draining. “I wish I could feel happy. But in general, I’m really tired out. This has been one of the worst weeks in my life,” he said.
“It’s strange that coming out is supposed to feel good, and I wasn’t sure how I would feel when they allowed me out. But as soon as my request was granted, a fresh set of worries came. I do feel content to be where I’m sitting right now, and not be in prison, though.”
His family, meanwhile, expressed relief at his release.
“We’re very relieved. It’s been a long time,” said his daughter, Julie Kawaii Herdman. “I’m so happy my dad finally gets to be outside. We didn’t know what to expect at all.”
Kawaii Herdman wrote in a public statement that her father had been assaulted by the prison’s judicial officers before his release.
According to her report, he was handcuffed, removed from his cell without explanation and beaten, resulting in a black eye and a wound to the head. “He’s in severe pain, physically and mentally,” she wrote on X.