The Treasury Bond Commission yesterday issued an order to handover mobile communication devices and mobile computer device of Arjun Mahendran and Kasun Palisena to officers of the Criminal Investigation Department. The CID is to extract data from these devices to be examined by the Attorney General’s Department and the Commission of Inquiry.
The Presidential Commission of Inquiry investigating into the Treasury bond issue also permitted the legal representative of Mahendran and Palisena to be present when the data on the mobile devices is extracted and copied at the CID. Permission was granted considering submissions made by counsels Chanaka de Silva and Kalinga Indatissa PC.
The PCoI also ordered the officers of the CID who are extracting and copying the data on the devices confine the process as far as possible to the extraction and immediate copying of the data. “These officers should not independently examine the data other than in so far as is required for the process of the extraction and copying of the data.”, the order further said. Chairman of the PCoI Justice K. T. Chitrasiri said if necessary, a representative from the Attorney General can also be present.
According to the order, throughout the process of the copying and extraction of data at the CID, the relevant best practices when extracting data from digital devices should be followed.
PCoI also ordered to make only three copies of the extracted data which should “be immediately sealed and handed over to the Secretary of this Commission of Inquiry” in the presence of the legal representatives of Mahendran and Palisena. Two copies of each mobile will be with the PCoI and the Attorney General’s Department.
Additional Solicitor General Yasantha Kodagoda will receive the copy for the AG’s Department, which shall be examined by him and by the members of the PCoI. Third copy will be handed over to the respective witnesses by the PCoI Secretary upon request. Once the process of extraction and copying of data is completed, digital devices of Mahendran and Palisena wil be immediately sealed and handed over to the Secretary of the PCoI and will be retained until they complete giving evidence.
The PCoI also states that “the value of any such evidence will be dependent on this Commission of Inquiry being satisfied with regard to the integrity and reliability of any such evidence obtained from a process of extraction and copying.”