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A bright student: Rukshika during her schooldays |
Where’s justice, asks
Rukshika’s family
By Chris Kamalendran
The family of Rukshika Prasadini is seeking justice for her tragic
death but the diplomatic immunity held by the head of the International
Organisation of Mirgration (IOM) mission in Colombo Christopher
Gascon, who was driving the other vehicle involved in the accident,
is delaying the process.
More than three weeks after the accident the police
are yet to consult with the Attorney General’s department
on how they could proceed with the investigations as Mr. Gascon
holds full diplomatic status.
The IOM is one of the International Non Governmental
Organisation’s dealing with migration issues and the officials
enjoy full diplomatic status as any other embassy official. Rukshika’s
father Magage Somaratna, laments that a proper inquiry has not held
into the accident though it occured on December 6 and his daughter
succumbed to her injuries on Decemebr 19 .
Cinnamon Gardens Police OIC Chief Inspector S.
Keerthipala said they could not follow the normal procedure in the
investigation as the person involved in the accident holds diplomatic
immunity. He said they plan to consult the AG’s department
on the issue, but so far there have been no moves.
According to eyewitness accounts Mr. Gascon had immediately left
the scene of the accident claiming that he holds diplomatic immunity.
However IOM has contradicted these charges and say that Mr. Gascon
had helped to take the injured to hospital.
Although Mr. Gascon had initially said he would
remain in the country until the investigations were he left the
country on a holiday with his family. The Sunday Times learns that
the Foreign Ministry had granted him permission to leave the country
as there was no court order to remain in the country. Mr. Gascon
had not undergone a breathaliser test as the Police had apparently
been confused as to whether they could direct him to undergo such
a test, after he claimed diplomatic immunity.
Police said since Mr. Gascon had claimed diplomatic
immunity they had told him to report to the police at a 'convenient
time' and he had not turned up, but subsequently sent a written
statement. The IOM claims that the police had not told Mr. Gascon
to undergo a breathliser test and if he had been told to undergo
any medical examination he would have done so willingly.
A foreign Ministry spokesman told The Sunday Times
that they were studying the judicial implications of the case before
taking a decision on the matter. Meanwhile, Henry Warnakulasuriya,
Managing Director of the V-FM radio station which is to be launched
tomorrow has written to The Sunday Times regarding last week’s
news item about the accident and denied that it was a pro-JVP station
as was mentioned in the news item.
IOM to use immunity shield
The International Organisation of Migration (IOM) has declared it
will make use of 'immunity from jurisdiction’ for its head
of mission in Colombo .
"…the Organization will cooperate with
the local authorities in the interest of justice, within the parameters
of its immunity from jurisdiction and that of its staff members,”
Jean-Philippe Chauzy, Head, Media and Public Information IOM in
Geneva told The Sunday Times. (Please see box for full statement).
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