No phones were tapped: Bond Commission clarifies

-Commission ordered extracting data from Mahendran, Aloysius’ phones Responding to insinuations by “several persons”, the Bond Commission issuing a special statement said no phones of parliamentarians were “tapped” as alleged, and instead all the data revealed were from extracting data from the phones of Arjun Mahendran and Arjun Aloysius. The statement which was read out after the conclusion of the evidence of Prime Minister Ranil Wickremesinghe, stated that the extraction of the data was done on the order of the Commission. The statement said that the statements made alleging the tapping of phones were based on “misconceptions and are factually errorneous”. Our attention has been drawn to various statements made by several persons in the political arena, which have been published in the media, and which relate to the evidence with regard to telephonic communications between Mr. Arjuna Aloysius and several persons including several Member Parliament and also telephonic communication between Mr. Arjuna Mahendran and several persons. Many of these statements appear to have been made based on misconceptions and are factually erroneous. We wish to make it clear that, on the orders of the Commission of Inquiry made in terms of the Provisions of the Commissions of Inquiry Act, the mobile telephones and other electronic devices used by Mr. Arjuna Aloysius and Mr. Arjuna Mahendran were examined by the CID. This examination revealed the telephonic contact and electronic contacts which Mr. Aloysius and Mr. Mahendran had with a large number of persons. The identities of the persons who received or initiated such telephonic and electronic communications with Mr. Aloysius and Mr. Mahendran were ascertained where the officers of the Hon. Attorney General’s Department who are assisting this Commission of Inquiry considered that doing so was relevant to the mandate issued to this Commission of Inquiry. This entire process was based on the data found on the mobile telephones and other electronic devices used by Mr. Arjuna Aloysius and Mr. Arjuna Mahendran and also information provided lawfully by Telecommunication Service Providers. The telephone records of any Member of Parliament were not obtained and were not examined. With regard to the evidence led on the last day of proceedings- i.e. on 16th November 2017, only the dates and times of telephone conversations and electronic communications were produced in evidence. The contents of any conversations or communications were not obtained and have not been produced in evidence before us. It is only this evidence which was presented to the Commission of Inquiry by the officers of the Hon. Attorney General’s Department who are assisting this Commission of Inquiry on 16th November, 2016— i.e. 4 days ago. In the case of Mr. Aloysius’ mobile telephone, some text messages had been extracted several month previously. Those text messages were produced in evidence in August of this year — i.e. more than 3 months ago. The claims that the telephones of several Member of Parliament and other persons have been “tapped” or recorded in the course of this examination, are utterly false. This Commission of Inquiry does not intend to make any further investigations in this regard as we have now terminated the reception of Evidence and will, from now on, engage solely in continuing with the preparation of our Report. Our mandate does not require this Commission of Inquiry to embark on any such further investigation.

Sumanthiran objects to AG's dept leading evidence

-Says CBSL officer Pathmanapan was not given a chance to be heard

-Pathmanapan spoke to Aloysius over 750 times while at the PDD

By Shehan Chamika Silva and Hafeel Farisz 

At the commencement of yesterdays proceedings MP M.A Sumanthiran PC raising an objection on behalf of his client an official of the Public Debt Department of the Central Bank Sangaparapillai Pathmanapan said that no official of the Attorney Generals department coming under S.23 of the Commission of Inquiries Act, could lead evidence.

Sangaparapillai Pathmanapan is said to have been in contact with over 750 calls exchanged between him and Arjun Aloysius and a plethora of other calls between him and other Directors of Perpetual Treasuries Limited. This is while he was employed at the Central Banks Public Debt Department. 

Raising the objection prior Prime Minister Wickremesinghe taking the stand, Sumanthiran said that the Attorney Generals actd as investigating officers and therefore could not lead evidence.

Immediately thereon, Senior Additional Solicitor General Dappula de Livera said that he objected to Sumanthirans appearance due to Sumanthirans "conflict of interest"

De Livera said that Sumanthiran had been a member of the 8th COPE committee and his client had been a witness at the 7th COPE proceedings which were both taken in as evidence and as such, there was a conflict of interest. The objections were recorded and the Prime Minister was called to testify. 

Following the conclusion of the Prime Ministers evidence Sumanthiran expanding on his initial objection made submissions with regard to the admissibility of the evidence regarding the phone conversations which were presented  at the Commission last week and that of the leading of evidence by the Attorney General. 

Drawing distinction between Section 23 and Section 26 of the Act, Sumanthiran said that the Attorney Generals team acted as investigating officers and thus could not lead evidence. He said that he was present at the proceedings after being informed by the Commission to be present today. 

The Commissioners continued to explain that he was summoned to yesterdays proceedings to explain to Sumanthirans client that none of the evidence against Pathmanapan would be used as he was not given a chance to be heard before the Commission.

They however, said that the same would not apply to other witnesses against whom the evidence led on phone calls were incriminating, and were heard in testimony. 

Sumanthiran thereafter said that Pathmanapan was interdicted on Friday following a directive from the Commission, to which Justice Jayawardena said " we are not running the Human Resource department of the Central Bank".

The Commissioners said that there was no directive to interdict Pathmanapan since they have not come to any findings yet. When Sumanthiran PC kept insisting that the intrediction had occured after the evidence regarding the phone calls, Justice Jayawardena said  " That is none of our business. You take it up with them there is nothing we can do about it. 

Justice  Jayawardena went on to say that the interdiction has occurred independent of the Commissions proceedings.

Pathmanapan earlier filed a Fundamental Rights application citing the Attorney Generals team as Respondents, alleging inhuman and degrading treatment by the investigating officers.

The evidence adduced thus far was lead to show that Pathmanapan may have been the nexus through which information from the Public Debt Department was leaked to Perpetual Treasuries.

The calls to and from Pathmanapan include 19 calls exchange between him and Mahendran in addition to the calls to Aloysius and other Directors of Perpetual Treasuries. The calls include 30 calls between Pathmanapan and Anjeli Mahnedran, the wife of Aloysius.

They include 9 calls between Anjeli and Pathmanapan between 8.PM to 8AM and 202 viber calls between Arjun Aloysius and Pathmanapan between 8PM o 8AM. 

Sumanthiran PC was thereafter ordered to tender written submissions regarding the objections within a week from yesterday.

Mahendran’s phone records show calls to PTL CEO Palisena

-Call to several otheer employees of PTL

-A total of 448 Vibeer calls between EPF dealer Saman Kumara and Aloysius

-A total of 703 Viber calls between CBSL Officer Pathumanapan and Aloysius

By Shehan Chamika Silva and Hafeel Farisz

The forensic communication report presented before the Presidential Commission of Inquiry (PCoI) by SI Yasanka Jayasinghe of the CID today revealed phone calls between former Central Bank Governor Arjun Mahendran and several employees of PTL including CEO Kasun Palisena.

It was also revealed that Mahendran had had spoken with the Chairmen of the BoC, NSB and People’s Bank on the day that former Finance Minister Ravi Karunanayake had called a meeting of the State Banks.

The forensic report also showed constant contact between PTL CEO Arjuna Aloysius and EPF dealer Indika Saman Kumara.   

Placing a forensic report on communication information analysis of several concerned people with regard to the bond inquiry, Senior Additional Solicitor General Yasantha Kodagoda today led evidence of sub inspector Yasanka Jayasinghe (data analyzer), who had prepared the document.

This report was prepared based on the data received from the telecommunication service providers (SLT, Mobitel, Dialog, Etisalat and Airtel) and the data extracted from the mobile phone of Arjun Aloysius by the CID.

The witness first explained about the findings of the Communication details of former Governor Arjuna Mahendran during the time period of January 23, 2015 to June 20 2017.

Arjuna Mahendran – Kasun Palisena

-According to this report it was revealed that there were 27 phone calls between Arjuna Mahendran and Perpetual Treasuries Ltd CEO Kasun Palisena.

-While Mahendran was serving as the Governor of CBSL, there were 7 calls.

-Out of the 27 calls, which contained both incoming and outgoing calls, eight (8) calls were between the time period of 6 p.m. - 8 a.m.

-There were also seven (7) text messages between them as well

-The content of one text message sent from Arjuna Mahendran to Kasun Palisena on May 16, 2015 is as follows:

“Arjunamahendranhotmail.com”

SASG Yasantha Kodagoda: Have you found any phone call information similar to this which shows that Arjun Mahendran had phone calls with other CEOs of stand alone Primary Dealer companies?

Witness SI Yasanka Jayasinghe: No

SASG Kodagoda: Aiyo! (in a sarcastic manner)

Arjuna Mahendran – Saman Kumara

-It was revealed that there were 30 phone calls between Arjuna Mahendran and former EPF dealer Saman Kumara.

- Telephone calls during the period to Mr. Indika Saman Kumara when he served as a Senior Manager of the Public Debt Department = 7

-Telephone calls during the period Mr. Indika Saman Kumara served as Senior Assistant Superintendent of the Employees Provident Fund = 16

 

- Telephone calls during the period Mr. Indika Saman Kumara worked in the Facilities Management Department of the Central Bank (from 1st January 2017 onwards) = 7

-Total number of telephone calls between Mr. Arjuna Mahendran and Mr. Indika Saman Kumara after routine office hours5 = 10

-Total number of calls between Mr. Arjuna Mahendran and Mr. Indika Saman Kumara, after Mr. Arjuna Mahendran ceased to be the Governor of the Central Bank (30.06.2016) = 11

-Text messages during the period 01.02.2016 to 20.06.2017 between Mr. Arjuna Mahendran and Mr. Indika Saman Kumara = 12

Arjuna Mahendran – S. Pathumanapan, an official at CBSL

-Telephone calls during the period 23.01.2015 and 20.06.2017 between Mr. Arjuna Mahendran and Mr. Sangarapillai Pathumanapan6 = 19

-Telephone calls during the period 23.01.2015 to 01.04.2015 when Mr. Sangarapillai Pathumanapan worked at the Employees Provident Fund = 0

-Telephone calls during the period 02.04.2015 to 11.09.2017 when Mr. Sangarapillai Pathumanapan worked at the Public Debt Department = 19

- Text messages between Mr. Arjuna Mahendran and Mr. Sangarapillai Pathumanapan during the period 23.01.2015 and 20.06.2017 = 4

Arjuna Mahendran – Employees of Perpetual Treasuries Ltd

-Telephone calls during the period 01.02.2015 to 30.06.2016 between Mr. Arjuna Mahendran and certain other persons of Perpetual Treasuries Ltd and related companies= 15

-Nirosh Maxwald Jaksa (a driver of Arjun Aloysius), Muthurajah Surendran (Director of related company), Surani Neangoda and Sanath Bandara were the individuals that Mahendran had phone calls with.

Thereafter, SASG Yasantha Kodagoda placed all the Communication details Arjuna Mahendran had during the day of which the controversial first bond auction took place.

Communication contacts of Mr. Arjuna Mahendran on the 27th February 2015 (Date of the 1st Treasury Bond Auction examined by the Commission.)

-It was revealed that Arjuna Mahendran had started phone conversations around 7.39 a.m.

-There were 2 outgoing calls from Arjuna Mahedran’s phone to the Prime Minister at 12.38 p.m. after the auction floor closed.

-And also there were three incoming calls from the Prime Minister as well to Mahendran’s phone in the afternoon on the same day.

At this moment, Justice Prasanna Jayawardena citing an answer given by the Prime Minster for the questions asked by the Commission earlier said that Mr. Wickremesinghe had mentioned that he received a phone call from Arjuna Mahendran on February 27, 2015 and Mahendran had informed that he had raised Rs. 10.05 billion from the auction as it was relevant to inform the line minister of CBSL at that time who was Prime Minister Ranil Wickremesinghe.

SASG Kodagoda thereafter placed Communication details of Mr. Arjuna Mahendran during 1st to 4th April 2016.
 
-1st April 2016 (Friday) - Date of Intra-day Liquidity Facility default.

-2nd April 2016 (Saturday) - Date on which Mr. Arjun Aloysius met officials at the CBSL and the date on which Mr. Arjuna Mahendran discussed the matter with the Director, Domestic Operations Department regarding the default.

-4th April 2016 (Monday) - Date on which the default was settled following imposition and payment of a penalty.   

In these details there were phone calls between Arjuna Mahendran and Mr. Paskaralingam on April 2,2016

Thereafter, SASG Kodagoda also revealed about the phone details of Mahendran during the time period where the state banks meeting was called by then Finance Minister Ravi Karunanayake.

Communication contacts of Mr. Arjuna Mahendran on 28th March 2016 (This is the date on which, the then Minister of Finance Ravi Karunanayake is said to have had a meeting with senior officials of State banks.)

It was revealed that Mahendran had phone calls with Chairman of BOC, Ronald Perera, PC, Ashwin De Silva, Chairman, NSB, and Hemasiri Fernando, Chairman, People’s Bank during a time period before or after the alleged state bank meeting on March 28, 2016.

And also there was an outgoing phone call between then Finance Minister Ravi Karunanayake and Mahendran in the afternoon on the same day as well.

………………………………………………………………………………………………………

According to the forensic report, SASG Kodagoda thereafter pointed out the communication details of Arjun Aloysius and other concerned individuals during the period starting from September 2016.

Arjun Aloysius- Saman Kumara (EPF dealer), Ms. Thakshila Kumari and Amal Eroshan

- Telephone calls between Mr. Arjun Aloysius and Mr. Indika Saman Kumara = 38
- Viber voice communication (including attempts to contact) between Mr. Arjun Aloysius and Mr. Indika Saman Kumara during the period 23.10.2016 to 26.01.2017 = 448

- Number of viber voice calls between them during the period 8.00p.m. to 8.00a.m. = 131

- Telephone calls between Mr. Arjun Aloysius and Ms. Thakshila Kumari, who is said to be the partner of Saman Kumara = 18

-Viber voice communication between Mr. Arjun Aloysius and Ms. Thakshila Kumari from 09.03.2017 to 04.07.2017 = 30

- Viber voice calls during the time period 8.00pm to 8.00am = 20

Telephone calls between Mr. Arjun Aloysius and Mr. Badugoda Hewa Amal Eroshan = 69 (According to the statement made by Mr. Indika Saman Kumara, Mr. Batugoda Hewa Amal Eroshan is his brother and works at Carson Cumberbatch Co).

- Text messages between Mr. Arjun Aloysius and Mr. Badugoda Hewa Amal Eroshan = 27

-Viber voice calls between Mr. Arjun Aloysius and Mr. Badugoda Hewa Amal Eroshan during the period 27.01.2017 to 26.05.2017 = 11

-WhatsApp voice communication between Mr. Arjun Aloysius and Mr. Badugoda Hewa Amal Eroshan during the period 27.10.2016 to 06.07.2017 = 163

- WhatsApp communication during the time period 8.00pm to 8.00am = 34

After highlighting above communications details of Aloysius and former EPF dealer Saman Kuamara, SASG Kodagoda said that if one observe the way in which these two people had communicated with each other it is quite evident the nature of their relationship throughout this time period.

The forensic report also revealed the communications between Aloysius and Sangarapillai Pathumanapan, who was an official of CBSL

Aloysius-Pathumanapan

-Telephone calls during this period between 8.00pm and 8.00am = 33

-Telephone calls during the period Mr. Sangarapillai Pathumanapan worked at the Public Debt Department = 53

-Telephone calls during the period Mr. Sangarapillai Pathumanapan worked at the Employees Provident Fund = 8

-Viber voice calls from 23.10.2016 onwards between Mr. Arjun Aloysius and Mr. Sangarapillai Pathumanapan9 = 703

-The entirety of these Viber calls had been during the period Mr. Sangarapillai Pathumanapan worked at the Public Debt Department.

- From 24.01.2017 onwards, they have not communicated using Viber voice, using as one party the mobile phone of Mr. Arjun Aloysius which was examined.

-Of those calls, calls during the period 8.00pm to 8.00am = 202

-According to the forensic report it was also revealed that Aloysius had communications continuously with the phone number belonging to Padumanapan’s brother, who was residing with Padumanapan at the same house.

It was also revealed that Mr. Pathumanapan’s phone number was found in Aloysius’ contact list as ‘Pat Man’

Communication details of Aloysius and Naveen Anuradha, who was the dealer at NSB

- Telephone calls between Mr. Arjun Aloysius and Mr. Naveen Anuradha = 5

- Viber voice calls between Mr. Arjun Aloysius and Mr. Naveen Anuradha = 189

- Of these calls, 50 calls have been taken and received by Mr. Arjun Aloysius between 8.00pm and 8.am

Mr. Naveen Anuradha had served as the Assistant Superintentent and Senior Assistant Superintendent of the Employees Provident Fund, as the Assistant Director of the Financial Intelligence Unit of the Central Bank and as the Chief Dealer of the National Savings Bank.  

Communications of Aloysius between Mr. Arjun Aloysius and Mr. Dhanuka Liyanagamage

-There were 48 Telephone calls between Mr. Arjun Aloysius and Mr. Dhanuka Liyanagamage, who is a Dealer in Treasury Bonds of Sri Lanka Insurance Corporation

-Viber calls between Mr. Arjun Aloysius and Mr. Dhanuka Liyanagamage = 12

Finally the forensic report revealed an i-message received to Aloysius’ phone from on Sanjeewa Fernando, who was a director of perpetual related company.

iMessage received by Mr. Arjun Aloysius14 from Mr. Sanjeewa Fernando on 02.06.2017 at 1.30pm:

“What is the amount to Thakshila(EPF dealer Saman Kumara’s partner). She wants to know the amount.”(This message is contained in page 3299 of the 11,794 page PDF document containing information extracted from the mobile phone of Mr. Arjun Aloysius. It had been deleted prior to extraction and reconstructed by the extraction tool)

………………………………………………………………………………………………

SASG Kodagoda also Pointed out the communications of Chief Executive Officer of Perpetual Treasuries Ltd, Kasun Palisena.

Kasun Palisena – Saman Kumara

-Telephone calls between Mr. Kasun Palisena and Mr. Indika Saman Kumara= 38

-There were 14 Telephone calls and SMS exchanges between Mr. Kasun Palisena and Mr. Badugoda Hewa Amal Eroshan, who was the brother of Saman Kumara

-There were 22 Telephone calls and SMS exchanges between Mr. Kasun Palisena and Mr. Dhanuka Liyanagamage, who is the dealer of SLIC

According to the forensic report, it was revealed that there were two phone conversations between Kasun Palisena and Tyrell Goonetileke, who served in the Public Debt Department of the Central Bank as Senior Manager.  

Saturday, 6th June 2015 @ 9.28pm for 90 minutes (5401 seconds).

Saturday, 6th June 2015 @ 10.59pm for 57 minutes (3414 seconds).

At this moment SASG Yasantha Kodagoda said that this was the time period when Perpetual Treasuries Ltd first dumped on EPF in the secondary market, the bonds purchased at the Primary Auction on February 27, 2015.

Communications of Mr. Indika Saman Kumara (EPF dealer)

-Telephone calls between Mr. Indika Saman Kumara and Mr. Arjun Aloysius = 38
-Viber voice calls between Mr. Indika Saman Kumara and Mr. Arjun Aloysius = 448

-There were also 30 telephone calls between Mr. Indika Saman Kumara’s phone and Mrs. Anjali Mahendran’s phone

-There were 167 telephone calls between Mr. Indika Saman Kumara and Mr. Sanjeewa Fernando, who was a director of Perpetual related company.

-There was one telephone calls between Mr. Indika Saman Kumara and Mr. Ajahn Punchihewa, who was a director of a PTL related company

-There were 4 telephone calls between Mr. Indika Saman Kumara and Mr. Pushya Gunawardhana, who also functioned as a director at PTL related company

-There were six telephone calls between Mr. Indika Saman Kumara and Mr. Muthurajah Surendran, who was a director of PTL

-There were 4 telephone calls between Mr. Indika Saman Kumara and Mr. Sanath Bandara, who was the Chief Financial Officer, Perpetual Capital Holdings Ltd.

SMS exchanges between Mr. Indika Saman Kumara and Mr. Nuwan Salgado (Chief Dealer at PTL) = 23

-The SMS have been sent between 15th November 2016 to 27th January 2017.
-16 SMS have been sent between 8.00pm and 12.00 midnight.

There were 75 telephone calls between Mr. Indika Saman Kumara and Mr. Nirosh Maxwald Jaksa, who was a driver of Aloysius

- 43 calls received by Mr. Indika Saman Kumara have been between 8.00pm and 12.00 midnight.

-There were 13 telephone calls between Mr. Indika Saman Kumara and Mr. K.P. Gamini Kurukulasuriya, who was a driver of Mr. Arjun Aloysius.

Communication details of Pathumanapan, who was a CBSL official  

-Telephone calls during the period 05.02.2015 to 05.05.2015 and from 06.11.2015 to 22.01.2017 between Mr. Sangarapillai Pathumanapan and Mr. Arjun Aloysius and = 61

-There were 703 Viber voice calls during the period 23.10.2016 to 24.01.2017 between Mr. Sangarapillai Pathumanapan and Mr. Arjun Aloysius

- There were 30 telephone calls between Mr. Sangarapillai Pathumanapan and Mrs. Anjali Mahendran (nine calls have been given and received to and from Ms. Anjali Mahendran between 8.00pm and 8.00am)

Communication details of Naveen Anuradha, who was the dealer of NSB

-Telephone calls between Mr. Naveen Anuradha and Mr. Arjun Aloysius = 5

-Viber calls between Mr. Naveen Anuradha and Mr. Arjun Aloysius = 189

---

.

Ravi K and family spoke to Aloysius over 700 times

-84 calls during bond period  

By Shehan Chamika Silva and Hafeel Farisz

Evidence before the Bond Commission revealed that former Finance  Minister Ravi Karunanayake and his family spoke to Arjun Aloysius over 750 times in total during the period February 5, 2015 to June 20, 2017.

There were 84 calls between Aloysius and the former Minister between February 1, 2015 to March 31, 2016 the period of the controversial Bond Issuance, out of the total of 387 calls.

Aloysius had been in communication with the wife of the Minister 320 times and a total of 23 times with the daughters of the Minister Onella and Shenella Karunanayake.

The Minister earlier giving evidence denied any intimate knowledge of Arjun Aloysius and said he had met him "once or twice at family gatherings".

When messages were played out which referred to “Ravi K" and “Hon Ravi" and the coincidence of flights to Singapore with Aloysius the Minister denied any knowledge of reference or meeting Aloysius.

The revelations were made during evidence of Sub Inspector Yasanka Jayasinghe of the Technical aid Division of the Criminal Investigations Department. 

Aloysius-some cope members in contact during hearings

-Total 227 callas with Sujeewa Senasinghe, 18 with Dayasiri Jayasekara, 176 with Harshana Rajakaruna and 73 with Hector Appuhami

-Members were sitting in Judgment during period of calls- SASG Yasantha Kodagoda

By Shehan Chamika Silva and Hafeel Farisz 

Evidence at the Bond Commission yesterday revealed that PTL Owner Arjun Aloysius spoke to several members of the Parliamentary watchdog Committee on Public Enterprises (COPE) during COPE hearings.

Aloysius had spoken a total of 227 times to Minister Sujeewa Senasinghe, 18 times with Dayasiri Jayasekara, 176 times with Harshana Rajakaruna and 73 time of Hector Appuhamy during periods commencing January 2015.

Cabinet Minister Dayasiri Jayasekara had also been in communication with Arjun Aloysius with 18 calls going to and from him with Aloysius in total, with two calls during the period of the COPE hearings. The communications with Jayasekara had commenced on July 10, 2015.

The second Committee of Public Enterprise (COPE) was established on May 6, 2016 to investigate the controversial Bond Issuance. 

The evidence presented by the Attorney General revealed that Arjun Aloyisus had also been in constant contact with MP’s Hector Appuhamy, and Harshana Rajakaruna, whilst they were sitting in the COPE committee investigating the Bond Issuance.

The other MP names were highlighted in a forensic report presented by the Criminal Investigations Department during yesterday’s hearing of the Bond Commission.

The other MP Ajith P. Perera who had only two calls (one incoming and one outgoing), between him and Aloysius.

Senasinghe was appointed midway during the proceedings, after the resignation of UNP MP M. Welakumar on July 8, 2017.

The total number of Telephone calls to and from Senasinghe to Aloysius between the period July 4, 2015 to March 3, 2017 was 227.

They include calls on other platforms such as Whatsapp and Viber.

UNP MP Harshana Rajakaruna who was also a member of the COPE had been in contact with Aloysius since February 2015. There were a total of 176 calls between each other and 18 during the period of the COPE hearings.

MP Hector Appuhamy had taken and received a total of 73 calls from mid July 2016 to mid June 2017 with a total of 23 calls during the period of COPE sittings, evidence revealed.

The evidence was through sub- inspector Yasanka Jayasinghe of the Criminal Investigations Department who had forensically examined all the relevant data.

Counsel for Former Central Bank Governor Arjuna Mahendran vehemently objected to the admitting of the evidence initially. The objections were overruled with the Commissioner ordering written submissions to be tendered within seven days to the Commission.

ASG Yasantha Kodagoda was to later remark following the revelations that "It is exactly knowing all of this that they objected to it".

Jayasinghe’s evidence was the only evidence led throughout the day, which highlighted many calls to and from between Aloysius, Mahendran and other directly connected parties to the issuance of Bonds.

The evidence was led out following the tabling of a 127 page forensic report in which Jayasinghe explained the method of extracting data. All telecom service providers had complied with the orders of the Commission and provided data during the time period commencing January 1, 2017.

Jayasinghe said that Dialog Axiata had not given the full report due to technical difficulties, Jayasinghe said, but had complied and provided all data that was within their reach. Jayasinghe said that the Telecom giant had requested a further 120 days to provide all the relevant data pertaining to the mobile phones Aloysius and Mahendran.

During evidenced led yesterday the phone details of Arjun Aloysius, Arjun Mahendran, Indika Saman Kumara, Naveen Anuradha, Kasun Palisena, S. Pathumanapan were laid out.

The Attorney Generals Department drew a nexus between the workings of the Central Bank, the other Banks in the Treasury Bond Market, and Perpetual Treasuries. 

Gamini Senerath remanded on charges of misusing hotel project funds

* Former managing director of SLIC, Piyadasa Kudabalage and former commissioner of Samurdhi, Neil Bandara Hapuwinna also remanded

* FCID says EPF funds misappropriated

* Defence Counsel said EPF money not invested in Hambantota Hotel Project

By Shehan Chamika Silva

Former presidential secretariat's chief of staff, Gamini Sedara Senarath and two others, who surrendered to Court, were torday remanded till November 15 by Fort Magistrate Lanka Jayaratne on charges of misusing Rs.4 billion in government funds.

Sri Lanka Insurance Corporation's former managing director, Piyadasa Kudabalage and Samudhi's former commissioner Neil Bandara Hapuwinna were also remanded.

They were charged with misusing government funds by illegally investing Rs.4 billion in the Hambantota Hyatt Regency Hotel project from the Rs.18.5 billion approved by the Cabinet in 2012 as an allocation for the Kollupitiya Grand Hyatt Regency Hotel to be constructed by a company affiliated to the Sri Lanka Insurance Corporation.

The FCID filed charges under the Public Property Act and the Criminal Procedure Code.

In 2012, with Cabinet approval, the assets belonging to Ceylinco Homes International was acquired on the basis of under-performing and underutilization.

The Cabinet approved these properties to be used for a hotel complex and for this purpose private and State entities including Sri Lanka Insurance Corporation Limited (SLIC) formed a company with these entities as shareholders.

Thus the Sri Lanka Insurance Corporation incorporated Sino Lanka Hotels & Spa Pvt Ltd., and Helanco Hotels & Spa Pvt. Ltd as immediate subsidiaries of SLIC. (Later another company called Canwill Holding Pvt. Ltd., had been also incorporated as the holding company of these two subsidiaries)

The suspects were also directors of this subsidiary company.

In mid 2012 the Grand Hyatt, began construction work in Colombo by obtaining capital requirements from SLIC – Rs.5 billion, Litro Gas – Rs.4.5 billion and from the EPF – Rs. 5 billion, a total of Rs.18.5 billion.

The FCID alleged that out of this total funds, Rs.4 billion was allocated to launch a Grand Hyatt Hambantota Hotel Construction in February 2014 through the subsidiary company named as Helanco. (It was revealed that this Hambantota project was later stopped by the current authorities and by then Rs.312.2 million had been already utilized for the project)

The prosecution said when the EPF was allocating its money, the Monetary Board had put a condition not to invest in any other projects and hence the suspects had violated that condition and misused government funds.

However, President’s Counsel Anil Silva, President’s Counsel Ali Sabri and Counsel Nalinda Indatissa who appeared on behalf of the three suspects contested the applicability of sections of the Public Property Act to the offences.

They said while Sino Lanka Hotels & Spa Pvt was carrying out the Colombo hotel project the Hambantota Hotel Project was carried out by the other subsidiary company called Helanco Hotels & Spa Pvt Ltd.

The initial capital requirements were provided to the Hambantota project by Litro Gas Lanka Limited – Rs. 500 million and SLIC – Rs.3.5 billion with the respective Board approvals for the investment.

“The EPF’s money was never invested in the Hyatt Regency, Hambantota project,” Ali Sabri PC said. The Counsel also said the EPF had been issued with shares in terms of its investment in the Colombo Hotel projects without any shortfalls.

The Counsel argued deeply about the applicability of the Public Property Act in the matter as the SLIC was not a public company under the prevailing law. They also contested that even if the SLIC is regarded as a public Corporation, the money had been allocated through a Private Company (Canwill Holding Company) and therefore considered the origin of the money has to be ceased afterwards.

They also said the FCID was not going beyond the fact of the Monetary Board decision with regard to the EPFs investment, therefore, the allegations were clearly baseless as the inclusion of the sections of the Public Property Act was erroneous.

Considering all the lengthy legal and factual submission of the defense counsel, Fort Magistrate Lanka Jayaratne directed both Defense Counsel and the Attorney General to file written submissions in due course so as to make an order with regard to this magisterial inquiry.

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.

PM required to testify before Bond Commission

Commission says PM's testimony required to clarify and gather evidence

Date to be notified in consultation with PM's office

By Shehan Chamika Silva

The Presidential Commission of Inquiry (PCoI) investigating the controversial Issuance of Bonds yesterday said it requires the testimony of Prime Minister Ranil Wickremesinghe in order to "obtain a few clarifications and any other evidence which may be necessary".

Issuing a statement at the commencement of the yesterdays session, the Commission noted that it had perused the affidavit given to the Commission by the Prime Minister and that the Commission had certain clarifications to be made.

"With regard to the questions forwarded to the Hon. Prime Minister by this Commission of Inquiry, we have received an affidavit affirmed to by the Prime Minister. The Commissioners have carefully perused this affidavit and we would like to obtain a few clarifications and any other evidence which may be necessary. Therefore, we will be requesting the Hon. Prime Minister to attend a Hearing of this Commission of Inquiry for that purpose" the statement said.

Accordingly, the Commission said that the date at which the Prime Minister would be required to attend the hearing would be notified in due course after ascertaining "with the Prime Ministers office the availability of the Hon. Prime Minister"

Submitting the affidavit, the Prime Minister earlier expressed his willingness to appear before the commission if necessary. The PCoI yesterday said the decision to summon the Prime Minister was made after thoroughly perusing the affidavit.

Although the statement issued earlier in the day said that the only other hearing would be for the purpose of the testimony of the Prime Minister, it was decided last evening that the Commission would conduct hearings on November 16.

The final report of the commission is due on December 8. In its statement the Commission said that it had to analyse lengthy testimonies of over 70 witnesses and over 450 documents are required prior to December 08, at which point the mandate of the Commission ends.

Full statement:

Statement made on November 2, 2017:

The Commission of Inquiry is holding this special Hearing today for the specific purpose of recording the evidence of a few more witnesses. This evidence has been obtained by the officers of the Hon.

Attorney General’s Department who are assisting this Commission of Inquiry. We have agreed with the submission made by the officers of the Hon. Attorney General’s Department, that this evidence may be relevant to our investigation and inquiry in terms of our mandate. 

That is why, despite the limited time available to us to prepare and finalize our report, we have decided to hold this special Hearing today.

With regard to the questions forwarded to the Hon. Prime Minister by this Commission of Inquiry, we have received an affidavit affirmed to by the Hon. Prime Minister. 

The Commissioners have carefully perused this affidavit and we would like to obtain a few clarifications and any other evidence which may be necessary. Therefore, we will be requesting the Hon. Prime Minister to attend a Hearing of this Commission of Inquiry for that purpose. The date on which that Hearing will be held, will be decided in due course and will be notified in the usual manner.

When deciding that date, we have to take in to account the fact that, Justice Jayawardena is recovering from surgery held on 17 October and finds it difficult to attend another Hearing for the next two weeks or so. 

Further, we think it appropriate to consult the Hon. Prime Minister office to ascertain the availability of the Hon. Prime Minister, when fixing the date of the Hearing.

Finally, at present, we are working very hard to prepare and finalize our report before our Mandate ends on December 8, 2017.

As mentioned earlier, this complex task requires us to consider the evidence of over 70 witnesses, many of whom have given very lengthy testimonies and to analyse over 450 documents, many of which consist of a large number of pages. 

All this material has to be carefully read, understood and evaluated in order to make the findings and recommendations which are set out in the Mandate issued to us.