Extensive investigations unearthed startling information at the Presidential Commission of Inquiry investigating into the Treasury bond issue last week.
Metropolitan Communication Limited Chief Engineer Nalin Dharmaratne, Perpetual Treasuries Limited IT executive Sachith Devatantri and PTL CEO Kasun Palisena were at the center of attention as they testified before the PCoI on PTL’s telephone call recordings which were handed over as evidence to the PCoI and PTL’s call logger system.
Tampering with evidence
Chief Engineer of the Metropolitan Communication Limited (MCL) Nalin Dharmaratne testifying before the Treasury Bond Commission on Tuesday revealed that PTL has tampered with the telephone call recordings which they handed over to the investigators. Senior Additional Solicitor General Dappula de Livera informed the PCoI that MCL, with the support of its mother company in India, examined PTL’s call logger system, which according to its CEO Kasun Palisena’s affidavit submitted on 18 August 2017, does not record call details such as caller numbers, duration and time.
The online examination done by MCL’s mother company on 28 August 2017 as permitted by the PCoI, resulted in a report suggesting that PTL has reinstalled the call logger system on July 6, 2017 without notifying its service provider (MCL). The report suggested that PTL reinstalled its back up system as well. The day of the reinstallation coincides with the date on which Central Bank suspended PTL from carrying on businesses and activities of a Primary Dealer.
According to the report, PTL has selectively copied and replaced call recordings to the reinstalled call logger system. MCL chief engineer confirmed to the PCoI that the call logger system purchased by the PTL recorded full details of all calls going through the system. He explained that calls and caller information are recorded and saved separately in two different folders. Evidence revealed that reinstalled call logger system only contains call recordings but not the call information.
MCL Chief Engineer pointed out to the PCoI that PTL has violated the service agreement with its company by reinstalling the call logger system. The agreement says no alterations or modification to the system be done by the customer without informing the service provider. SASG de Livera charged that PTL tampered with the telephone call recordings and subsequently handed over fabricated evidence to the PCoI. At an earlier stage Deputy Solicitor General Milinda Gunatilake informed the PCoI that of the PTL’s call recordings which are recorded under sequential serial numbers, some of them are missing. The PCoI observed Dharmaratne’s evidence may shed light as to what happened to the missing call recordings.
Following these evidence, SASG de Livera suggested PCoI take legal action against PTL under contempt of commission for submitting tampered and fabricated evidence.
Computer-swap
Additional Solicitor General Yasantha Kodagoda informed the PCoI that PTL also has removed the original computer which came with the call logger system installed at the PTL by the MCL in mid 2015. According to ASG Kodagoda PTL has removed this computer and installed the call logger system software to a new PC. CID took the new PC into custody while the PCoI issued an order to handover the original call logger computer to the investigators as well.
Hard disks of both the computers were handed over to the PCoI on August 29, and another order was made to extract data from these hard disks and to save them in another storage device for examination. Another order was made by the PCoI allowing MCL to examine four compact discs consisting of backup data of the original computer which was removed by the PTL IT. The PTL claims to have taken this system backup when they replaced a new computer to their call logger system.
Struck by lightning
Complex financial jargons and IT technicalities aside, PCoI hearing had its moments of witty wordplay and sparkles this week as usual. President’s Counsel Kalinga Indatissa may have observed that “this commission lacks humour” but Commissioner P.S. Jayawardena assured that they attempt to carry out proceedings in a relaxed manner as possible. Kalinga Indatissa PC cross-examining MCL Chief Engineer Nalin Dharmaratne called for a forensic examination to be done on PTL’s call logger system. He argued that MCL evidence was not independent and that it heavily relies on its mother company’s report. He also pointed out lack of appropriate answers given by the MCL mother company to some questions the investigators asked. Indatissa PC extensively questioned as to why MCL failed to correct certain errors of the call logger system, questioning their expertise as a service provider. Indatissa PC while addressing why PTL removed the original computer from the call logger system, questioned Dharmaratne as to how a computer may crash. A computer may crash struck by lightning, Indatissa PC observed. Humour never stopped there.
Lack of veracity
At a later stage when ASG Kodagoda requested PTL to explain how and why the said PC crashed, Commissioner P.S. Jayawardena punned saying that PTL can explain if their PC was also struck by lightning. It was a case of pants on fire, when PTL IT executive Sachit Devatantri admitted to have lied to the CID when he was giving a statement on PTL’s telephone call recording system. On 29 August morning, Devatantri was summoned by the CID to record a statement on the call recording system. According to SASG de Livera, Devatantri then has admitted to have lied at a previous occasion regarding the same matter to the CID. Devatantri also submitted an affidavit supporting PTL CEO Kasun Palisena’s statement that call recording system installed at the PTL does not record call information.
Meanwhile at the outset of the week Deputy Solicitor General Milinda Gunatilake informed the PCoI that there are confusions and discrepancies regarding documents provided by the Perpetual Treasuries Limited as evidence. DSG Gunatilake said he detected 24 errors in one set of documents relating to bond auctions.
Coming clean
Week’s proceedings reached its pinnacle as PTL IT executive Sachit Devatantri admitted to the PCoI that he deleted several call recordings from PTL call logger data base on July 5, 2017, under the instructions of PTL Chief Dealer Nuwan Salgado.
According to Devatantri, Salgado met him at the PTL server room on 5 July 2017 and showed him several notes containing some serial numbers and dates belonging to particular phone conversations. Salgado has then told Devatantri to delete the relevant call recordings.
Devatnatri said he proposed Salgado to replace the deleted telephone call recordings with some other call recordings. Subsequently, Devatantri has deleted the particular phone recordings while replacing them with some other call recordings.
Devatantri also submitted several handwritten notes given to him by Salgado on 5 July, 2017. The witness said after the alteration was made to the main computer he obtained a complete back up containing the edited voice recordings.
Devatantri said on the day following the alteration, he found the main computer of the call logger system to have crashed. He said he does not know the cause. ASG Kodagoda promptly asked “Did lightning strike the computer?” to which Devatantri remained silent.
On legal action
On the request of ASG Kodagoda PCoI issued an order to obtain all the original voice recording backup data relating to the time period prior to July 6, 2017, which are in possession of Nuwan Salgado. It was also revealed that Salgado dodged a summoning to give statement to the CID on 31 August 2017.
ASG Kodagoda pointed out that Salgado’s conduct was an offence to the cause of justice and that it was a criminal offence, under the Criminal Code.
He also requested the PCoI to convey the incident to Inspector General of Police to initiate action against Salgado. Additional Solicitor General Dappula de Livera also made an application to the PCoI to give directions to arrest Salgado, over committing a criminal offence under Section 189 of the Penal Code.
Chairman of the PCoI K.T. Chitrasiri pointed out the Commission of Inquiry Act does not provide provisions to direct such an arrest. However, it was brought to notice that the Attorney General can take action to arrest Salgado by deploying CID officers.
The PCoI will resume tomorrow (4).