Electronic records relied on during probe dubious, says Gonsalves in discharge plea

“They (electronic evidence) are all unauthenticated, unsecured, uncertified and untestified and therefore inadmissible and unprovable and ex-facie untenable. Forensic analysis by Arsenal Consulting…has disclosed that the incriminating records shown on some of the accused were planted on their computers without their knowledge by using malware. Since this is the main evidence in this case, its dubious nature calls into question the whole basis of the case. This evidence is dubious and unworthy of credit,” the 95 page plea states.

A petition filed by Gonsalves on the reports of Arsenal before the Bombay High Court is pending. The National Investigation Agency, which is investigating the case, has said that the reports were submitted on the basis of records given to the firm by the defence lawyers and hence are not authorised and cannot be relied upon.