UK court seeks clarification of Lankan Brigadier's DPL status

The 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 Westminster Magistrate’s Court, seeking clarification of the Brigadier’s diplomatic status in the UK at the time of the incident," said a Spokesperson at the British High Commission in Colombo, 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 also 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 3 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's insistence that the Brigadier has diplomatic immunity was conveyed by the Secretary to the Ministry of Foreign Affairs, Ravinatha Ariyasinghe during a meeting with British High Commissioner James Dauris at the Ministry this week. He assured Mr Ariyasinghe that Sri Lanka's position will be conveyed to the British Government .

The British Government had been deeply concerned by the incident involving Sri Lanka's Defence Attaché last year, the Spokesperson said. It made rep- resentations to the Sri Lanka Government and the Defence Attaché was recalled by his Government soon after.

The Brigadier made a throat-slitting gesture at protesters gathered in front of the Sri Lanka 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 enjoys immunity from criminal, civil and administrative jurisdiction of the receiving State.

He also pointed out that a diplomat is not required to file a response nor a plea 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 will be summoned, if Brigadier Fernando does not present himself, are false, diplomatic sources said, adding that, "There is absolutely no basis for that to happen".

The UK is committed to upholding the rule of law, including the Vienna Convention on Diplomatic Relations," he also said. The Convention grants diplomatic agents immunity from the criminal jurisdiction of receiving States.