Warrant from London ... to arrest Brigadier Priyanka!

Warrant from London ...

to arrest Brigadier Priyanka!

The legal case filed with Westminster Magistrate Court of London by LTTE Diaspora against Brigadier Priyanka Fernando who served as security attache of Sri Lanka High Commission in London at that time accusing him of having violated the British Public Order Act was once again called yesterday (January 21) in court. What was stated in the press release of Sri Lanka High Commission in London was that as Brigadier Priyanka Fernando was an officer who was
enlisted for diplomatic service, he has state immunity under the Vienna Convention and therefore is not subjected to any British law at all and as a consequence a court is not entitled to file legal action in this manner and subject him to punishment. What was further stated in the press release was that Brigadier Fernando does not live in Britain at present and that there are no provisions under diplomatic immunity for British court to take any legal action against him. It is also mentioned there that the Ministry of Foreign and Commonwealth Affairs in Britain was notified about this across the Ministry of Foreign Affairs of Sri Lanka. 

A group of Tiger supporters who had come in front of the Sri Lankan High Commission in London where celebrations were held to commemorate the 70th Independence on 4th February last year have come there with the motive of sabotaging proceedings and had been behaving in an aggressive manner by shouting slogans against Sri Lanka and throwing accusations of war crimes when Brigadier Priyanka Fernando has come out of the festival premises after attending the celebrations and has observed Sri Lankans being verbally harassed in the process. Subsequently, two witnesses and one complainant has filed legal action to the effect that a death threat was signalled by a hand gesture at some Tamil youth who were there on that occasion. 

This case was called for hearing twice last year and judgement was given on this occasion by a single judge. Under these conditions, a court warrant required to apprehend Brigadier Priyankara Fernando was issued by Westminster Court that he is guilty of violating clause 4 and 5 of Britain Public Services Act. However, the Foreign Affairs Ministry as well as the Sri Lankan High Commission in London sources stated that no harm is done to the brigadier as a result of this court order. 

Direct support has been obtained from the law support firm Public Interest Law Centre, on behalf of the plaintiff. Apart from this, reliable information says that support has been enlisted from two other private Tamil law firms and that support is also given by attorneys at law and a barrister of Sinhala origin. Further, on behalf of the plaintiff, a person by the name of Pallyaguruge Vinod Priyantha Perera has come forward to provide evidence on behalf of the plaintiff. Mr. Helen Mouwaght who represented the legal support firm coming out of magistrate complex after court judgement said that Brigadier Priyanka Fernando is a person who is accused of war crime for allegedly bombing innocent Tamils by air. When he made this unfounded statement during court proceedings, the court secretary intervened and requested him to make statements relevant only to the case. 

What law scholars in London said after announcing the partial judgement was that Sri Lanka High Commission has accurately made Sri Lankan government understand about the prevailing law in Britain, and has thus acted in the correct manner. However, what certain parties linked to various political streams stated was that steps should have been taken by Sri Lanka to enlist legal aid from law scholars. But it is the opinion of most people that it is not feasible to do so when diplomatic immunity is available.