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Break down in digital forensic lab of the Govt. Analyst Dept. impeding X-Press pearl probe, court told
View(s):Data in the central storage server an important part of the evidence in the case of the deletion of emails related to the disaster
By Ranjith Padmasiri and Roshan Thushara
The delay in completing the investigations related to the deletion of emails related to the X-Press Pearl disaster was due to the central storage server in the digital forensic laboratory at the Government Analyst Department being out of order, the Colombo Magistrates Court was told this week.
Senior Deputy Solicitor General (SDSG) Madhawa Tennakoon informed courts that the lab has been out of order for more than four months, and a further three months or more would be needed to put the system right.
He said the data was an important part of the evidence in the case.
He said more than Rs 10.2 million will be required for the repairs, and steps are being taken to put the system right with the assistance of a private company.
The case was taken up before Additional Magistrate Keminda Perera to inform the courts about the progress of the investigations.
SDSG Tennakoon urged that the case be postponed for a further three months in view of the delay in obtaining the forensic report to establish from which of the computers the emails had been deleted.
Seven suspects of the company representing the X-Press Pearl local agents C-Consortium have been charged in the case. They are Tuwan Ishan, Amila Sandun, Asantha Lakmal, Roshan Asantha, Nimal Kirildeniya, Lyon Kuruppu and Prasanna Fernando.
The investigations relate to the deletion of emails by Sea Consortium Lanka (Pvt) Limited, the local agents of Xpress Pearl, about the fire that had broken out in the cargo of the ship and misleading the Harbour Master thereby enabling the vessel to enter the Colombo Port.
SDSG Tennakoon said that investigations carried out so far have revealed that the relevant emails have been deleted, and the forensic lab reports are required to determine the persons responsible for it.
Sarath Jayamanna, PC appearing for the company Sea Consortium told courts that the investigations have been unreasonably delayed, and as a result it was an injustice to his client.
Attorney at law Chaminda Athukorale, the first and second accused, Tuwan Ishan and Amila Sandun, said his clients were not responsible for the deletion of emails.
He said that it was during the COVID-19 period that the incident had occurred, and since there was a shortage of staff, they were from a different division who had endorsed documents. He urged to discharge them from the case until the investigations are completed.
Anura Meddegoda, PC appearing for the rest of the suspects, said that there was sufficient evidence against his clients and they should be permitted to appear in courts when notice is issued.
He said that the delay in the investigation was a hindrance to the operations of the company.
He said that his clients were ready to face any investigations after the reports are received.
Attorney at law Nipuna Wimalasekara, appearing for the captain of the ship, said that certain records had not been handed over by the CID, despite previous requests.
SDSG Tennakoon said that the CID was prepared to hand over the records as requested.
Additional Magistrate Keminda Perera, considering the submissions, permitted that the suspects be temporarily discharged from the case while pointing out the need to have legal representation in courts continuously.
He directed the CID to submit the progress of the investigations on April 29, next year.
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