Perpetual Treasuries Ltd owner, Arjun Aloysius’ Apple account, of which the password he doesn’t remember, had been accessed within 48 hours prior to yesterday’s proceedings through his wife’s mobile phone, which has a Singaporean mobile number, Additional Solicitor General Yasantha Kodagoda revealed at the PCoI proceedings yesterday.
The revelation was made in response to an application moved by President’s Counsel Anuja Premaratne who appeared on behalf of Mr. Aloysius.
PC Premaratne was of the view that his client had bought the apple phone in September 2016 from Singapore, where he had created an apple account for the purpose of obtaining necessary applications only. He said thereafter Mr. Aloysius had not used the password.
Responding to ASG Yasantha Kodagoda’s earlier submission, Mr. Premaratne moved that in order to update the new version of the IOS, there was no need of the password.
Subsequently, there was a heated argument between the counsel over the necessity of the password in using an apple phone.
ASG Kodagoda replied that when an apple account was used frequently then it is a live account and, thereby, there was no need of the password always to update, if not the updates or downloading applications cannot be done without the password.
The ASG was of the view that the position put forward by Aloysius’ counsel was irrelevant and the Commission should not be spending time on inquiring into them.
The ASG also said that Mr. Aloysius had apparently lied to the Commission over his password and once it is proven, it will be communicated to the Court of Appeal on the allegation of Contempt.
PCoI Commissioner, Justice Prasanna Jayawardena told Aloysius’ Counsel that if Mr. Aloysius had forgotten the password, then the investigators have to retrieve it. However, if the investigation finds that he had lied, then appropriate measures will be taken under the law, he said.
ASG Kodagoda and ASG Dappula de Livera sought a directive from the Commission in order to prohibit Arjun Aloysius or anyone on behalf of him accessing the apple account, because there could be an attempt to erase information in the account.
However, before delivering an order, the Commission said it should be given within the law and asked the ASGs on what grounds it should be given.
ASG Livera explained that the Commission has already made a direction on Aloysius to provide his password and that directive should be secured at all costs and therefore another directive can be made effective in relation with the first order.
ASG Kodagoda also said that the directive can be made within the frame of the powers that are inherently possessed by the Commission.
Considering the submissions the Commission said it will decide on delivering such order later.(Shehan Chamika Silva)