Written by Keshala Dias
14 Aug, 2017 | 10:34 pm
The ”Presidential Commission of Inquiry to Investigate and Inquire into the Issuance of Treasury Bonds” issued an order relating to the communication devices of former governor Arjuna Mahendran and CEO of Perpetual Treasuries Kasun Palisena.
In addition, the Commission ordered the Criminal Investigation Department to follow the best practices throughout the process of copying and extracting data.
The order states only three copies of the extracted data should be obtained on three CDs or other storage medium, and they must me immediately sealed and handed over to the Secretary of the Commission in three separate envelopes in the presence of Mahendran’s and Palisena’s legal representatives.
The order reads that an accurate and comprehensive record of all procedures followed in the process of extraction and copying of data should be made available to the Commission.
The Commission notes that evidence obtained from the process of extracting and copying data from communication devices being placed before the Commission of Inquiry, the value of any such evidence will be dependent on the Commission being satisfied with regard to itz integrity and reliability.
The Commission ordered the officers of the CID engaged in this process to confine the process to the extraction and immediate copying of the data.
In addition, two CDs or storage medium are to be retained by the Secretary of the Commission under sealed cover. of which, one will be made available to Mahendran and Palisena upon their request.
The other will be handed over to Additional Solicitor General Yasantha Kodagoda for examination by him and the members of the Commission.
The Presidential Commission has also disagreed with the submission made by President’s Counsel Kalinga Indatissa.
President’s Counsel Kalinga Indatissa, in his submission mentioned that the AG’s Department assisting the Commission, are not permitted to perform the functions of determining the witnesses and when they are to be summoned and it is only the Commission of Inquiry that can do so.
However, the Commission noted that after discussion with the AG’s Department, it determines the witnesses to be called as well as the time of calling them and statements are recorded by the police assisting the Commission as provided under section 23 of the Commission of Inquiry Act.
The CEO of Perperual Treasuries Limited Kasun Palisena. testifying before the Commission, explained the process of calculating the yield.
When he was doing so, Deputy Solicitor General Milinda Gunathilaka observed Palisena making a certain change to the spreadsheet.
As this led to an exchange between counsels, the Commission ordered Palisena to shutdown his laptop computer.
The evidence of Kasun Palisena was led by the Attorney for Perpetual Treasuries Limited, President’s Counsel Nihal Fernando.
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