Unauthorised use om My Mobile Telephone

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I realised I misplaced my mobile when I received the bill of a very high amount (after one month). In the meantime the police have traced the theft/unauthorised usage to a third party, court hearing pending but at initial hearing pleaded not guilty but the police have overwhelming evidence. Am I still liable to pay the outstanding balance on the phone bill to my mobile service provide who are insisting that i am still liable ? Thanks