Friday, 15 September 2017

Palisena says he did not know about deleting phone records



* At this point PCoI Chairman Justice Chitrasiri in a sarcastic manner quipped: It is like saying husband does not know about the wife’s actions

By Shehan Chamika Silva

PTL CEO Kasun Palisena today said that he was unaware about any deletion of phone conversations from the recording system and he did not know about the crash of the main computer attached to the system, contrary to what PTL Chief dealer Nuwan Salgado and its IT head Sachit Devathantri testified before the PCoI earlier.

Earlier, Nuwan Salgaodo revealed before the Commission that he was asked to delete phone conversations by Kasun Palisena and based on that directive he asked Sachith Devathanri to delete several conversations that were found harmful to PTL. Mr. Devatantri also admitted earlier that he had crashed the main computer in order to avoid possible retrieval of that data.

According to both witnesses testimonies it was revealed that Kasun Palisena was aware of the process of deletion and probably Arjun Aloysius as well.

DSG Gunatilleke, today referring to particular CBSL regulations, showed that there was an obligation to protect electronic data relation to trading by a Primary Dealer and questioned Palisena on the deletion of several phone conversations.

DSG Gunatilleke: Did you know about these regulations?

W: yes

DSG: Did Aloysius know about the regulations

W: Yes

DSG: You received directions from the Commission to provide all the voice recordings in July, 2017, right?

W: Yes

DSG: So, you were complying with those directions, right?

W: Yes

DSG: Then how is it possible that some voice recordings were missing?

W: As far as I know, we have given every recording. I am only a dealer.

DSG: But you are the CEO, you are responsible for these. Nuwan Salgado earlier said the deletion happened on the instructions from you?

W: I was unaware about such a deletion

DSG: Now, tell me you are the CEO. Why would someone lower to you do such a deletion without your instructions?

W: I don’t get involved in IT matters. I didn’t know.

DSG: The conversations in which you were part of with Aloysius were also in those deleted phone recordings. And they carried very sensitive information, right?

W: Yes

DSG: So, How did you not know about these deletions?

W: I did not know

Witness Palisena was then repeatedly questioned by both the Commission and the DSG. But he maintained his stance that he was unaware about the deletion.

Justice Jayawardena: So, this deletion has to be done by someone from PTL, right?

W: Yes

J: So now you are saying this deletion had been done by a person without reference to you and that means any major act can be done without reference to you in the Company?

Witness’ answer was not clear.

Justice Jayawardena was of the view that Palisena’s testimony so far drew the Commission’s attention on the credibility of it, because his answers were not towards something believable.

Justice Jayawardena further asked: Let me be clear, do you admit that these deleted conversations were critical and you were also part of it?

W: Yes

J: Do you admit that PTL had deleted it?

W: Yes

J: So, how would you not known about this deletion?

W: I did not know about it

Justice Jayawardena was of the view that in a company which has only about 25 employees, the witness’ stance could not be acceptable.

PCoI Chairman Justice Chitrasiri at this point in a sarcastic manner quipped: It is like saying husband does not know about wife’s actions.

DSG Gunatilleke adding amusement to the cross examination said: “This must be a problem with this witness dock”

However, the Commission and the DSG repeatedly questioned the witness but he continued to say: “I didn’t know”. 

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