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).