AG says "Very Revealing" communications of Aloysius to be presented

Forensic retrieving of mobile data historic

CID insists that due process was followed in evidence gathering 

By Shehan Chamika Silva 

While reserving a date to place details with regard to communications of Arjun Aloysius and other concerned parties, Additional Solicitor General Yasantha Kodagoda yesterday told that the content of the extracted ‘Whatsapp’ messages of Aloysius’ phone was ‘very revealing’. 

Using Aloysius’ mobile phone data extracted at the forensic retrieval and the details received from his mobile service provider, Additional Yasantha Kodagoda will lead evidence through an analyzer with regard to the communications took place between Arjun Aloysius and concerned parties. At the onset of the yesterday’s proceedings, Senior Additional Solicitor General Yasantha Kodagoda led four witnesses, who were attached to the Presidential Commission of Inquiry (PCoI) as assisting investigators. 

These investigators, Chief Inspector of Police Sampath Kumara Senaratne, Inspector of Police Ruwan Raban, Inspector of Police Nalinda Herath, Police Sergeants, Siril Ranasinghe and Mahindasoma Jayatilleke were from the Criminal Investigations Department. Chief Inspector of Police Sampath Kumara Senaratne testified before the Commission with regard to the forensic extraction process conducted to retrieve data from the Arjun Aloysius’ mobile phone as he was the licensed official who extracted data from Aloysius’ mobile phone. According to Mr. Senaratne, the extraction of data had been taken place on three occasions, on July 24 (8170 pages), August 24 (11,794 pages) and October 6 (9761 pages), in 2017 from Aloysius’ phone and converted to a PDF file format for the perusal. 

ASG Yasantha Kodagoda said that in addition to the extraction of data of the mobile phone there was a process of re-construction of data in the forensic examination as many of data was deleted by the mobile owner. The witness said that he had to examine the mobile phone thrice because Arjun Aloysius had not provided the passwords of his ‘i-cloud’ account to access ‘i-cloud’ data. While Mr. Senaratna was concluding his evidence on forensic ASG Yasantha Kodagoda pointed out that it was the first time in Sri Lankan legal history that a forensic expert has been testified in relation to a data retrieval of a mobile phone, therefore a historical moment. 

ASG Yasantha Kodagoda also yesterday sought the Commission’s indulgence to lead another witness, an analyzer of data, Sub-Inspector Yasanka Jayasinghe in connection with the various communications that had been taken place between Arjun Aloysius and other concerned parties. 

ASG Kodagoda said that they have received details from the mobile service provider of Aloysius’ phone (Dialog) and therefore will lead evidence through the analyzer combining the both data extracted from Aloysius’ phone and the service provider. When questioned by Justice Prasanna Jayawardena on the clarity of the content of those details, ASG Kodagoda said

“There are several Whatsapp messages, of which the content was very revealing”.

Testifying before the Commission, CID officials, Ruwan Raban (IP), Nalinda Herath (IP), Siril Ranasinghe (PS) and Mahindasoma Jayatilleke (PS) were of the view that they had treated the witnesses well while recording the statements. 

According to the CID officials, it was revealed that every witness who had recorded statements with the CID had been given a equal opportunity to consult his or her lawyer during the process of the interview. When these CID officials were cross-examined by counsel appeared on behalf of Arjun Aloysius and Perpetual Treasuries Ltd, the officials were of the view that they did not at any point pressure or induce any individual while recording statements during the initial investigation into the Bond inquiry.

Considering health condition of Justice Prasanna Jayawardena, the Commission allowed the Attorney General’s Department official to call the last witness (data analyzer) on November 16, 2017.