AG's panel objects to submission by Mahendran's lawyer

The Attorney General's panel assisting the Treasury Bond Commission yesterday, objected to a submission made by Arjun Mahendran's lawyer.

Mahendran's lawyer Chanaka de Silva yesterday, sought permission from the Commission to allow a representative be present when data is derived from Mahendran's mobile phone for a forensic digital examination.

Mahendran handed over two mobile phones on July 26, 2017 to the PCoI. The surrendered mobile phones are kept under seal until they were to be examined by a team with forensic expertise.

De Silva also requested the Commission to provide a copy of the derived data to him.

Senior Additional Solicitor General Dappula de Livera, said there is a process established by law when conducting investigations as these. He pointed out that even though there is no written law as such, the suspects or their representatives could not be present when data is derived from their digital communication devices.

Additional Solicitor General Yasantha Kodagoda pointed out that there were international best practises followed when such an investigation is done. He said it is for the first time in Sri Lanka that such an investigation is done.

ASG Kodagoda also pointed out that the investigators did not like to use the highly sophisticated technologies and tools "in front of the public and certainly not in front of fraudsters."

Commissioner Justice P. S. Jayawardena told said the Commission understands that the investigation was invading the privacy of the owner of the mobile phones and said the Commission would take the fact in to consideration when issuing an order regarding the submission made by De Silva.

The Commission also requested ASG Kodagoda to provide with international best practises followed by the investigators when conducting a digital forensic examination.

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