Arrest Warrant On Brigadier Priyanka Fernando Withdrawn: ICPPG Expresses Severe Disappointment

JANUARY 26, 2019

The International Centre for Prevention and Prosecution Genocide today expressed severe disappointment with the Westminster Magistrate’s Court’s decision to withdraw the arrest warrant on Brigadier Priyanka Fernando, former Defence Attachè of the Sri Lankan High Commission in the United Kingdon, due to “increasing political pressure.”

The organization, issuing a statement, said, “The Public Interest Law Centre was contacted by Westminster Magistrates’ Court and was informed that the arrest warrant had been withdrawn and the matter relisted on 1 February 2019. The Court did not relist the matter before withdrawing the arrest warrant which is entirely unacceptable.”

“After the 21st January 2019 hearing, it has come to our attention, that the Sri Lankan Government acknowledged the proceedings in November 2018 and elected not to participate in the proceedings. A Sri Lankan Foreign Ministry spokesman, Saroja Sirisena, has also said publicly that the Sri Lankan Government had made submissions to the UK Foreign and Commonwealth Office (FCO) objecting to the ruling of the court. It is real shame that the Sri Lankan Foreign Ministry spokesman, Army Spokesperson and President’s Counsel Dr. Jayatissa de Costa attempted to knowingly mislead the public and the FCO by falsely claiming that the summons were not served on Brigadier Priyanka Fernando and the trial in absence is against the natural justice despite clear evidence that this is untrue,” the ICPPG added.

“It is also important to note that the objections filed at the FCO are also based on these baseless allegations. Any sensible person would appreciate that a Judge in the UK must have no doubt considered these before proceeding with the trial and raising such objection blindly is childish. According to Mr Sirisena, the FCO then contacted the Westminster Magistrates Court regarding those objections. It is unclear on what basis the FCO has sought to intervene in the judicial process,” the statement also said.

The full statement issued by the ICPPG is as follows:

Arrest Warrant issued against the Former Sri Lankan Military Attaché, Brigadier Priyanka Fernando by the Westminster Magistrate’s Court had been withdrawn due to Political Interference and Pressure! 

A shame to the Independence of the British Judiciary!! 

The International Centre for Prevention and Prosecution of Genocide (ICPPG) is extremely disappointed to announce that the Arrest Warrant issued against Brigadier Priyanka Fernando by the Westminster Magistrates Court had been withdrawn without any due process. We believe this is due to the misleading information fed by the Sri Lankan authorities and the political intervention. This raises serious questions on the independency of the British Legal system and the Judiciary. 

On 4th February 2018, the Sri Lankan Diplomat, Brigadier Priyanka Fernando, who is a known war criminal in Sri Lanka, was filmed issuing death threats to the diaspora Tamils and British Citizens who were peacefully demonstrating outside the Sri Lankan High Commission in London.  Several diaspora Tamils and British Citizens felt intimidated and reported to the British Police. The International Centre for Prevention and Prosecution of Genocide (ICPPG) initiated a high-level diplomatic campaign urging UK Government and the FCO to declare the Sri Lankan Military Attaché, Brigadier Priyanka Fernando, the known War Criminal, a “Persona Non Grata”, for committing criminal offences under the British law on the 70th Independence Day of Sri Lanka and 70 years of Genocide of Tamils. Given the British Police refused to arrest him on the basis of the diplomatic immunity, the ICPPG encouraged the victims and assisted them to seek legal advice and open a private prosecution under the guidance of our legal advisor Geeth Kulasegaram. Accordingly, a private prosecution was filed at the Westminster Magistrates Court on 06th February 2018. Paul Heron and Helen Mowatt of Public Interest Law Centre of The Public Interest Law Centre was instructed to advise and represent the prosecutors during the proceedings The Sri Lankan Diplomat, Brigadier Priyanka Fernando, was found guilty in absentia on Monday, 21st January 2019 in Westminster Magistrate’s Court of two charges under the Public Order Act (sections 4a and 5) for thrice making throat slitting gestures against Tamil demonstrators outside the High Commission in London on 4th February 2018. He was found guilty of intending to and causing harassment, alarm and distress with his gestures, which were made after he had taken photos and videoed Tamil protestors. The panel of three honourable British Judges, headed by the Chief Magistrate Ms Sonia Henley, who carefully considered the evidence, found Brigadier Priyanka Fernando guilty and issued an Arrest Warrant, without bail.  

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