Drama at Westminster court over Lankan diplomat's case

Drama prevailed at Westminster Magistrate’s Court on Friday as Tamils protested outside demanding the “immediate arrest” of Brigadier Priyanka Fernando, Sri Lanka’s former Minister Counsellor (Defence) in London while inside the Chief Magistrate apologised to all for the administrative mishandling and hinted that she might hold an internal inquiry into why due process had failed in this instance.

This private prosecution launched by some Tamils claiming that Brigadier Fernando violated Public Order offences by making a throat-slitting gesture goes back one year to Sri Lanka High Commission’s last Independence Day celebration during which a gathering of Tamils demonstrated on the road close to the mission.

Chief Magistrate Emma Arbuthnot indicated that this case was her business as Chief Magistrate and wondered how it got to this stage without it ever reaching her desk.

Last month Brigadier Fernando was found guilty of violating two sections of the Public Order Act and an arrest warrant was issued by the Magistrate’s Court. The arrest warrant was subsequently withdrawn after discussions between the Sri Lanka Foreign Ministry and the British Foreign and Commonwealth Office sometimes through British High Commissioner James Dauris.

The central issue was whether Brigadier Fernando, who was serving in the Sri Lanka High Commission in London, had diplomatic immunity and if so whether he was free from prosecution.

After diplomatic discussions opened between the two countries, Westminster Magistrate’s Court contacted the FCO which reportedly supplied court with a certificate confirming the Brigadier’s diplomatic status.

Subsequently the arrest warrant and possibly the charges too, were withdrawn. On Friday the legal representatives of all parties -- prosecution, defence and the FCO agreed with the Westminster Magistrate Court’s earlier decision to revoke the arrest warrant against the Brigadier.

At last Friday’s court hearing both Brigadier Fernando and the FCO were represented by legal counsel. An FCO spokesperson was quoted in the media as having said before the court hearing began that “The FCO, which is not a party to these legal proceedings, has been contacted by Westminster magistrates court seeking clarification of the brigadier’s diplomatic status in the UK at the time of the incident. The FCO is providing documentation to assist the court.”

The case against Brigadier Fernando was filed many months after he left London having been instructed by Colombo to return home.

Meanwhile Chief Magistrate Emma Arbuthnot has fixed the next hearing for March 1 when all relevant issues will be considered.