News
British court seeks clarification of Lankan Brigadier’s DPL status
View(s):Britain’s Foreign and Commonwealth Office has been contacted by the Westminster Magistrate’s Court seeking clarification of Brigadier Priyanka Fernando’s diplomatic status in Britain at the time he made controversial gestures at pro-LTTE demonstrators outside the Sri Lanka High Commission in London last year.
“The Foreign and Commonwealth Office, which is not a party to these legal proceedings, has been contacted by the Westminster Magistrate’s Court, seeking clarification of the Brigadier’s diplomatic status in the UK at the time of the incident,” said a British High Commission spokesman on behalf of the UK Foreign and Commonwealth Office. “We are providing documentation to assist the court.”
“The UK is committed to upholding the rule of law including the Vienna Convention on Diplomatic Relations,” he said. The Convention grants diplomatic agents immunity from the criminal jurisdiction of receiving States. This week, the Westminster Magistrate’s Court issued summons and an arrest warrant against Brigadier Fernando, having found him guilty of three offences under the Public Order Act.
The Court ruled that his actions were threatening, caused harassment, and that he intended them to be so. Sri Lanka is insisting that the Brigadier has diplomatic immunity. This was conveyed by Foreign Ministry Secretary Ravinatha Ariyasinghe, during a meeting with British High Commissioner James Dauris at the Ministry this week. The High Commissioner assured Mr Ariyasinghe that Sri Lanka’s position would be conveyed to the British Government.
The British Government had been deeply concerned by the incident involving Sri Lankan Defence Attaché last year, the spokesperson said. It made representations to the Sri Lankan Government and the Defence Attaché was recalled by his Government soon after. The Brigadier made a throat-slitting gesture at protesters who had gathered in front of the Sri Lankan High Commission in London on February 4. He had just begun his term at the mission.
Mr Ariyasinghe requested the British High Commissioner to take necessary action to review the process through which the summons and warrant were issued. He reiterated Sri Lanka’s position that a diplomat enjoyed immunity from the criminal, civil and administrative jurisdiction of the receiving State.
He also pointed out that a diplomat was not required to file a response nor a pleading nor appear before courts. As such, Brigadier Fernando is not required to file a response. This was first conveyed to the necessary authorities in October 2018, through Sri Lanka’s High Commission in London.
Meanwhile, reports that Sri Lanka’s High Commissioner in London Manisha Gunasekera would be summoned if Brigadier Fernando does not present himself are false, diplomatic sources said, adding that, “There was absolutely no basis for that to happen”.