Colombo Magistrate court proceeds with computer virus case

A rare computer virus case involving the Managing Director and an employee of Trans World Movers, a freight moving company, will procede for trial after a Colombo Magistrate upheld an objection by the complainant over the Attorney General intervening in the case.

The Attorney General had sought to discharge the accused without trial by terminating the proceedings. Counsel for complainant, Global Trans World Relocation had challenged the AG’s orders. Colombo Magistrate Manjula Thilakaratne issued this order considering an application made by Counsel Jeevantha Jayathilake and assisted by his junior Thilanka Polgampola who watched the interest of the aggrieved party.

The suspects Suresh Marcellus, Managing Director and Rohitha Silva, an employee of Trans who are on bail, had allegedly ‘transmitted’ a virus to the computer of Global Trans World Relocation of Modera by an email with the intention of destroying the system and decoding the computer. The Modera Police and the IT division of Police headquarters conducted investigations.
Defence Counsel Sarath Cooray submitted that the Attorney General could intervene in the case at any stage and his decision cannot be challenged.

The Magistrate fixed the date for oral submissions on May 22 to provide an opportunity to the Counsel of the aggrieved party and to ascertain as to whether an order could be made following the AG’s advice rejecting the appeal of the defence counsel for a later date.

In the case, an expert report has also been obtained from the IT Department of the Colombo University. The charges were framed against the accused under Section 182 of the Criminal Procedure Code. Subsequent to the suspects pleading not guilty to the charges, the trial began and a key prosecution witness has already given evidence before the Magistrate.