Bond Commission : Kodagoda cannot fabricate SMSs - ASG | Daily News

Bond Commission : Kodagoda cannot fabricate SMSs - ASG

Additional Solicitor General (ASG)  Yasantha Kodagoda (PC)
Additional Solicitor General (ASG) Yasantha Kodagoda (PC)

 Kodagoda will never fabricate SMSs - Justice Jayawardena :

Additional Solicitor General (ASG) Yasantha Kodagoda yesterday said 'certain illinformed people' are casting aspersions on him unaware of the technical knowhow employed to scan data extracted from Arjun Aloysius’s mobile phone.

Kodagoda made these observations briefing the Treasury Bond Commission yesterday (11) on data extraction process of the laptop computer surrendered to the CID by former Central Bank Governor Arjun Mahendran and his son-in-law,Arjun Aloysius.

Kodagoda pointed out that he “is not a genius to scan 8600 pages in two nights.Obviously some people think so.But the literate will know that it is done through a search engine.”

The Attorney General submitted a document on August 2, 2017 to the Treasury Bond Commission,of 8600 pages including data derived from Arjun Aloysius’ mobile phone. 25 pages of the said document were used by the AG when leading evidence through former Minister Ravi Karunanayake who testified before the Presidential Commission of Inquiry investigating into the Treasury Bond issue on August 2. Certain comments were made regarding the examination process of this said 8600 pages document in Parliament yesterday (10).

Explaining how the examination of the said document took place, Kodagoda said “the original data we extracted from the mobile phone, were thereafter converted into a conventional PDF document. And in that document there is the option for search.That is how we were able to scan 8600 pages of document in 48 hours to find relevant evidence.”

Opting for a stylistic device in literature, the ASG referred to himself in third person as he pointed out “Kodagoda cannot fabricate SMSs!” contrary to the allegations levelled against him.

Commissioner Supreme Court Judge P.S. Jayawardena contributed stating that “Kodagoda will never fabricate SMSs.”

Kodagoda also pointed out that the PDF file including mobile phone data, was in an unalterable format.

Subsequently Arjun Mahendran’s legal counsel Chanaka de Silva rose. “These submissions are in answer to statements that may or may have not been made elsewhere. Do we need to be dealing with these statements?” he asked.

“I need to! This is the only forum I have. It has everything to do with my professional reputation.” Kodagoda said. De Silva mused if Kodagoda also meant him when he (Kodagoda) said some people are making allegations, to which Kodagoda replied with a “My God!” and a flashback to their past at the Attorney General’s Department years back.

ASG Kodagoda informed the PCoI yesterday that a different procedure to the data derivation from the mobile phones will be used when extracting data from a laptop computer.

“What is possible for us is to prepare a clone copy of the hard disk of the laptop computer. And therefore we wouldn’t have a PDF file of the material extracted from the relevant laptops. What we will have is a mirror image copy of the hard disk. And in the process there will be meaningful attempt to recreate deleted files,” Kodagoda explained to the PCoI.

He further said copies of the extracted clone copy will be produced only to the PCoI and Arjun Mahendran’s legal counsel.

Speaking on the data derivation from Arjun Mahendran’s laptop computer, Commissioner P.S. Jayawardena said :“In the extraction of data, there are certain best practices that are followed regarding the security and other concerns.We shall proceed on the assumption that those practices are followed by the CID and that there are no irregularities in extracting the data.”

Mahendran’s counsel Chanaka de Silva told the PCoI that there is no legislation or best practice in Sri Lanka regarding extracting data from digital devices and expressed the importance of the PCoI guiding the process under whatever the best practices adopted by the CID when extracting data from his client’s laptop.

He also said the when employing a set of best practices, there should be a unanimity. De Silva also suggested selecting the latest version of these best practices as well.

The AG panel previously provided information to the PCoI on international best practices followed by the USA Justice Department and UK Metropolitan Police when a digital forensic examination is conducted.

The PCoI will sit again on Monday (14). 


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