26 January, 2020

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Brigadier Priyanka Fernando Convicted For Threatening Tamils In UK

Former Sri Lankan Defence Attaché Brigadier Priyanka Fernando has been convicted for threatening Tamils under the section 4 A of Public Order Act by Westminster Magistrate Courts a short wihle ago.

“It’s a landmark  judgement on diplomatic immunity with implication for Harry Dunn case ( Harry was killed in a road traffic accident by an American diplomat). Good that Chief Magistrate Emma Arbuthnot of Westminster Magistrate Courts made strong comments on issues relating to diplomatic immunity,” Human Rights lawyer Arun Gananathan told Colombo Telegraph.

Case No: 1801273043

IN THE WESTMINSTER MAGISTRATES’ COURT

Date: 6th December 2019

B e f o r e :

SENIOR DISTRICT JUDGE (CHIEF MAGISTRATE) EMMA ARBUTHNOT

– – – – – – – – – – – – – – – – – – – – –

Majuran Sathananthan v Brigadier Andige Fernando

Is charged in the alternative with the following:

1. On 4th February 2018 outside the Sri Lankan High Commission 13 Hyde Park Gardens, with intent to cause those persons harassment, alarm or distress and without lawful excuse used threatening, abusive or insulting words or behaviour or displayed a sign of other visible representation which was threatening abusive or insulting, thereby causing Mr Priyantha Perera, Mr Gokulakrishnan Narayanasamy and Mr Majuran Sathananthan harassment, alarm or distress contrary to Section 4A (1) and (5) of the Public Order Act 1986

2. On 4th February 2018 outside the Sri Lankan High Commission 13 Hyde Park Gardens, London W2 2LU used threatening or abusive words or behaviour or disorderly contrary to section 5 (1) an (6) of the Public Order Act 1986

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –

Majuran Sathananthan was represented by Peter Carter QC leading Shanthi Sivakumaran instructed by Public Interest Law Centre Brigadier Andige Fernando was represented by Nicholas Wayne

– – – – – – – – – – – – – – – – – – – – –

Judgment Summary

1. This case has had a protracted history which is set out in two earlier judgments attached. The trial took place on 18th October 2019 and 19th November 2019 when the defendant did not appear but was represented.

2. On 4th February 2018 there was a demonstration by Tamil sympathisers who were protesting on Sri Lanka’s National Day outside the High Commission near Hyde Park. It was a peaceful demonstration but involved flag waving and chanting. There were about five or six police there initially and about 50 or 60 protesters. At one point the police moved the protesters as they were blocking the road. The police did not need to make any arrests at any point.

3. During this demonstration, Brigadier Fernando, in uniform, was outside the High Commission when he made three cut-throat gestures by drawing his fingers across his throat. This action is clearly shown on the video and still photographs which have been exhibited.

4. I received a number of detailed submissions on various matters of law from Peter Carter QC and Nicholas Wayne and I was very grateful for their assistance.

Evidence

5. I heard evidence from a number of witnesses who saw the gesture. Mr Sabeshraj Sathiyamoorthy took the video. He said when he saw the gestures he felt angry but then went on to another demonstration this time at Downing Street before making a complaint at Wembley police station at 11.30pm the same day. He said he had not made an immediate complaint to the police because his English was not very good and it did not occur to him. It was only in cross-examination that he said he was very frightened by what he saw. A friend of his who saw the video suggested he should go to the police for his protection.

6. Mr Gokulakrishnan Narayanasamy was the organizer of the protest. There were two groups protesting in favour of independence for Tamil Elam which he described as their homeland. He was holding a placard and was about 14 feet away from the defendant at the time. Mr Narayanasamy thought the Brigadier was focusing on him when he made the gestures I have described above. He said he had suffered mental health problems after the incident and was very frightened by what he saw. It must be said I found this part of his evidence to be exaggerated. The police were present and he made no complaint at the time although I accept that it may well have affected his previous depression and anxiety. It was only after Mr Narayanasamy spoke to his solicitors that he went to the police.

7. Mr Majuran Sathananthan was also attending the protest that day. He is the private prosecutor of this case. He said that the Brigadier was observing them for a long time. He took photographs of the protest. One of the exhibits shows the Brigadier taking a selfie with the protestors in the background. When the defendant made the gestures, Mr Sathananthan thought they were focused on him. The effect on Mr Sathananthan was that he thought the Brigadier was conveying to him that he would kill him by cutting his throat. He was frightened. He was worried too that his family in Sri Lanka may be harmed. He went to Wembley police station the following day.

8. Despite the complaints to the police they did not arrest the defendant. During Mr Sathananthan’s evidence it became clear that he had launched the prosecution against the defendant within a couple of days of the incident and many months before the police had decided not to prosecute.

9. The final witness was Mr Pryanthan Perera. He saw the gesture. He did not know the officer but knew that he was an army officer and found out his name later. He noticed the Brigadier and another man in a white shirt taking photographs. Mr Perera said that he still felt frightened when remembering the incident because the Brigadier took his photograph and he believed he could be killed by him. He believed the Brigadier could do anything because he has spies here. He said he was so upset he went straight home. Later when he saw the incident on social media, he felt terrified.

10. The next day he made a complaint at Chingford police station. He said when he went to the police he knew that a private prosecution had started and he could not remember if he told the police that. He got involved in the private prosecution to protect himself. Six months later he heard the police were not proceeding with the prosecution.

11. What he found upsetting was that the Brigadier had made the gestures to show that he had the power to do anything to him. Social media could be seen by anybody around the world, not just Tamils.

12. The Defendant did not appear but was represented. Mr Wayne called Sir Peter Heap, a retired Ambassador including three years in Colombo. He attended the High Commission for the National Day reception. He noticed that there was a demonstration going on and he saw 50-60 protestors. He described it as very active, with lots of noise and chanting which supported various Tamil Elam groups. He said it was a hostile event and the protestors were using loud hailers and trying to disrupt the reception.

13. Sir Peter said he did not know the Brigadier well but had met him that day. He was performing the role of defence attaché, introducing people, particularly military people and escorting them in and out of the reception. He said a defence attaché was a recognized diplomatic role. Primarily the attaché is there to report to their own government on military matters and to liaise with the armed forces and have a view on military matters. This was as part of a diplomatic team which would all work together at functions.

14. He did not witness the cut-throat gestures made by the Brigadier. In crossexamination he was asked why he was at court to give evidence and he said he was not entirely sure. He agreed that it was routine that diplomats are told to obey the rules of the country they are in. He agreed that threatening members of the community is not part of the role of a diplomat.

15. Sir Peter had said that on 4th February 2018 he had recognised flags of the LTTE which was a proscribed organisation in this country. In cross-examination he had to admit that the flags he had identified were not LTTE but other ones of a slightly different colour. Submissions

16. In argument Mr Carter for the prosecution contended there was no legitimate reason for the Brigadier’s actions and they were not part of his official duties at the time. On the 1st March 2019 I had ruled on the diplomatic immunity point and that ruling should not be revisited.

17. The defence were contending that there was no valid summons before the court because the prosecution was commenced when he was still a diplomat . Mr Carter relied on Reyes v Al-Malki & Anor [2017] UKSC 61 (18 October 2017) and said that case made it clear that diplomatic immunity did not apply in this case as the gestures were not part of his official functions.

18. Mr Carter said that any potential unfairness amounting to an abuse of process had been taken care of by the proceedings. The witnesses had been challenged and all the issues had been explored. There had been no failings in disclosure.

19. Mr Wayne, for the Brigadier, argued that no valid summons before the court. There had been no jurisdiction for the court to grant the summons when the defendant was still a diplomat. The private prosecutor had been in breach of the duty of candour by failing to tell the court that the defendant was a Brigadier and a military attaché protected by diplomatic immunity. The prosecutor should have told the court that the matter was being investigated by the police at the time the information was laid. He failed to do that. The court had been misled deliberately and in those circumstances the summons was defective ab initio.

20. The information had not disclosed the fact that the Brigadier was protected by diplomatic immunity and the reissue of the summons on 9th August 2019 was invalid.

21. Mr Wayne set out the difference between a private prosecution and how the offence would have been investigated. There were a number of officers present at the protest. They could have been asked whether they had seen the gesture and whether harassment or distress was caused at the time. The fact that it was a private prosecution should not put the brigadier in a worse position than he would have been in had it been otherwise.

22. Mr Wayne invited the court to look at the elements of the section 4A offence. He accepted he could not argue the gestures were not capable of being threatening behaviour but he pointed out that alarm or distress were strong words and must not be trivialized. The distress must be an emotional disturbance. Harassment could be not grave but not trivial either.

23. As to the intention of the Brigadier, the court had not heard from him but should consider whether the gesture could be an impulsive act without that intent. Mr Wayne relied on Sir Peter Heap calling the demonstration hostile. He suggested that the Brigadier was angered by others with different views and this was a regrettable action but not necessarily intended to cause alarm or distress.

24. The next question was whether the witnesses really suffered harassment, alarm or distress or whether this was situation of confected outrage. There were many people filming on that date not just the Brigadier. The witnesses would have known it was a gesture made in the heat of the moment. He asked the court to consider whether alarm etc was really caused or whether the Tamil groups protesting saw an opportunity to advance a cause.

25. Mr Wayne pointed out that three of the complainants did not make an immediate complaint, they went on to Downing Street and cannot have been distressed. The cameraman, Mr Sathiyamoorthy, may have been influenced by others. The court should consider whether there was a degree of organization and coordination. If there was, could the court exclude the possibility that what took place was not genuine but confected outrage for political purposes. An indication of that was going straight for a private prosecution rather than waiting for a police investigation.

26. In terms of the reasonableness of what the Brigadier did, if it was an impulsive act in a stressful situation Mr Wayne asked to court whether it deserved a criminal conviction. Ruling

27. I have previously ruled that the defendant is not protected by diplomatic immunity. I see no reason to re-visit that ruling. I find that a valid information was laid on 6th February 2018 and valid summonses were issued by this court on 22nd February and 9th August 2018. The information was laid within the period of six months.

28. I accept there is no evidence that the court was informed that the defendant was protected by diplomatic immunity at the time the summons was issued but in any event I do not find that the defendant’s status would have prevented the summons being issued. I have already found that before the summons was issued the court would have considered all it was required to.

29. I do not find there is an abuse of process in this case. The defence have crossexamined witnesses and have called evidence. The basic acts which underlie this prosecution have not been challenged. I cannot see that police disclosure would have assisted the defence or undermined the prosecution case. In any event such information is not in the hands of the prosecutor. I can see no unfairness to the defendant in the conduct of this case. The burden of establishing an abuse is on the Brigadier on the balance of probabilities and he has failed to discharge that burden.

30. The right to bring a private prosecution is not curtailed even when a defendant has accepted a caution (R (Lowden) v Gateshead Magistrates’ Court [2017] 4 WLR 43). I can see no reason why an information cannot be laid by a private prosecutor whilst waiting for a police investigation to conclude. I dismiss the defence application for a stay of the proceedings.

Findings

31. I have no doubt that the cut-throat gestures were made on 4th February 2018. It is accepted that Brigadier Andige Fernando is the man in uniform shown in the video and stills making the gestures.

32. The next issue is whether he intended the gestures to cause the named complainants harassment, alarm or distress. I have no doubt he intended to cause at the least alarm. They were purposeful gestures, made as the Brigadier was staring at these protesters. The Brigadier was a senior officer in uniform wearing medals. Unlike the other senior officer there, his body language appeared to be arrogant and intimidating. There were three gestures and not just one. In the context of the relationship between Sri Lanka and Tamil Elam protesters he must have known that it would have been alarming at the very least to the protesters who saw him do this.

33. The next issue for the court is whether I can be sure the complainants were caused harassment, alarm or distress. I have no doubt that alarm was caused to all three and that Mr Perera was distressed by what he saw.

34. I find the defendant guilty of the section 4A charge.

35. The section 5 is an alternative. I adjourn it sine die. Senior District Judge (Chief Magistrate) Emma Arbuthnot

6th December 2019 6

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Latest comments

  • 20
    32

    the Now that Brigadier is convicted purely on Body Language , wonder whether the learned Magistrates in London will convict Adele Balasinghaman for being a Soldier in a Terrorist Army, let alone garlanding the Girl Suicide Bombers before they went out to detonate their backpacks..

    • 11
      2

      KA Sumanaya, Judges don’t file cases, they hear the cases that are filed. I know you are quite slow upstairs, if you want to bring a case against Adele Balasingham, please feel free to do so. Otherwise sh&t up!!

    • 2
      10

      No, Sumana. Adele is a white person for whom the same law does not apply. The fact that she was the person who gave those suicide pills to the helpless young Tamil kids is of no consequence as all that the Her Brittanic Majesty’s government want are VOTES!!

    • 3
      4

      K.A.Sumanasekera,
      Adele Balasingam never allowed the Eelam flag on the dead body of Anton Balasingam in London. She is now happily living with her four children in Australia together with the commission earned through the sale of arms. Strictly the Eealam sympathizers were deceived by Adele Balasingam.

    • 10
      1

      When Swiss government sends an air ambulance to lift their embassy employee to Switzerland, Sri Lanka can save valuable foreign exchange by asking them to take Priyanka Fernando in the same helicopter and dump him in UK to face jail term.

    • 7
      1

      There is no court case against her. Gota’s SL government is too scared to file a court case against her. So live with it.

    • 6
      2

      KASmaalam K.A. Sumanasekera

      “Now that Brigadier is convicted purely on Body Language”

      Poor fellow he was only scratching his b***s.
      Neither an officer nor a gentleman would have scratched his b***s in public.

      Coming back to the most important question of Adele’s involvement in LTTE and its suicide bombers, why hasn’t any patriotic Lanky or High Commission brought charges against her in the last 30 years? Had any Sinhala/Buddhist worthy of respect brought a case against her, by now Adele would have completed he sentence and back in her home, watching X Mas special on the BOX.

      • 4
        1

        This gesture is a reasonable respone
        to the LTTE supporters who are enemies of the nation.

        The protesters who carry the LTTE flag should be banned from entering Sri Lanka

        • 1
          1

          Citizen Silva

          “This gesture is a reasonable respone to the LTTE supporters who are enemies of the nation.”

          Is it so?
          Maybe in a nation of barbarians.
          More so now under war criminal thieving clan.

          ” The protesters who carry the LTTE flag should be banned from entering Sri Lanka”

          Why do you think they want to come to this island?
          Are you going to offer them job?
          Reward them for their hard work?

    • 1
      1

      KA Sumane

      The west has been supporting the LTTE and their supporters.
      Result Sri Lanka becoming a part of the CHINESE EMPIRE
      The period where Britain Ruled the seas are coming to an end
      slowly but surely

    • 8
      2

      KASmaalam K.A. Sumanasekera

      You do not need to worry too much about the sentence or the length of sentence imposed on him.

      Can’t your Lord Michael Morris, Baron Naseby fix this issue?

    • 6
      0

      I may be wrong on this, but I think the reason why someone like Adele Balasinghe cannot be prosecuted in the UK is that the terrorist acts were committed in another country against another country. I think the position is the same in Sri Lanka.

      • 3
        0

        You may be right. Then what about that Rajakashe cousin – Udayanga WEERATUNGA…. he is alleged to have committed much high crimes in the name of former Rajaakshe govt: No nothing would work to get him caught. Why ?

    • 7
      2

      Will they make this guy the President to give him political immunity too!? Only in slippery slimy Sri Lanka…

  • 12
    31

    That verdict was wrong by White man judiciary held in England .
    UK was produces of all sorts of Ills in World.
    UK+USA both 2001 an invaded Iraq has been Killed million of Iraqis.
    There is no criminal justice against UK army of system of Law by that any part of world. What is this that White man called democracy… in world!

    • 2
      5

      Europeans also change their laws as per their moods to attack whoever they don’t like. Swiss & UK started.

    • 6
      2

      GulSiri Lal Nanda

      This is about this man in uniform representing Sri Lanka unashamedly scratched his b***s in public.

      “What is this that White man called democracy… in world!”

      No this is white man’s burden, whether you like it or note civilising you lot.

  • 11
    33

    Arrest the entire UK consulate staff, Ambassador and other Diplomats NOW.

    • 13
      2

      Take it easy there Army clown Retarded Shemale, you might sh*t in your panties.

    • 3
      3

      Yes, this clever man, Rtd. Lt. Reginald Shamal Perera’s advice will solve many problems not only Sri Lanka but also entire world is facing today.

    • 2
      3

      The lady high commissioner has just arrived in UK. Why are you asking British government to expel her. Let her enjoy life here for three years.

    • 5
      0

      Really?

      FM’s kids are British citizens. He will never do such a thing.

    • 6
      3

      Retarded ………………………


      “Arrest the entire UK consulate staff, Ambassador and other Diplomats NOW.”

      Alright then what.

    • 7
      1

      Shemale Perera,
      You mean use the White Vans.

    • 4
      2

      this shows how well the SL security forces are disciplined.
      This man is not from Army, even a Nattami will behave better than this.

      This shows the UN and other agencies like Amnestly/HRW mentions that upto 40,000 civilians killed during the last stages of the war as well as those prisoners were executed with a no prisoners stand.

    • 0
      0

      Front Admirable,

      That is a good tit for tat for the mistake Britain did by giving you universal franchise in 1931 and lock with Tamils.
      They taught to you Roman Dutch laws. You need to teach back Britain that what is the Bloody Buddha’s Dhamma means. Appropriate reaction from the Wildlife Sanctuary!
      Go ahead go ahead!

  • 41
    12

    There is a difference between courts in Srilanka and courts in England. Criminals are treated as heroes in Srilanka.

    • 2
      10

      Ajith,

      I see no difference.

      Criminals are also treated as heroes in England. Does the name Adele Balasingham ring a bell? A child abuser who sent children to the war front with plenty of self incriminating evidence by means of pictures posted by the LTTE.

      • 2
        1

        RLRSP,

        we dont need to pick othher examples. You the like war criminals, are treated as legal refugees in Canada. Perera, from what you give and add here, we have no doubt, that you should have been worst than any other war criminals of Gunaratne or other most known figures. –

        Here you ought not to mix it up, this particular, an another uncivilized man produced by srialanka, did not behave in compliance with the law being practised in that country. Basta. –

        Even if you are refugee in Toronto, if you would not respect their law, but behave the way Rajaakshes and his fools behave, the same consequence would come on you Perera. Please try to differentiate the issue, if you have completed, let alone, schooling.

      • 2
        1

        Ado Retarded Shemale Perehera bugger, what’s the difference in this Adele woman sending small children to die with cyanide and your coolie army murdering children? First of all who gave you this Christian name? Change to some gamarala name which will fit you quite nicely. Finally, can you point out the time when the UK government made this woman a heroine? Give specific dates or events that have happened in the past.

    • 2
      9

      Ajith,
      Terrorists are treated as heroes over there.

      • 3
        0

        I see a greater difference as one who lives in EuROPE:

        Terrorist are considered as heroes in SL but much less in Europe.

        Examples:
        Pottu amman, and several others that sit with Rajaaksehs ballige puthas killed lankens in hundreds but they are protected by Rajapakshes ballige puthas for their political survival. Even KP is given a heaven in SL just because KP s wealth became Rajapaksehs wealth after getting close to each other.

      • 1
        0

        Is that why you are also over there in a western country? Ran away to Australia holding your Tamil wife’s saree pota . To afraid to live by your self.

      • 3
        0

        Eagle blind Eye mutt, just like how terrorists are treated as heroes in Sri Lanka…………..Rajapaksas, Shavendra Silve, Karuna Amman, Douglas Devananda, Pillayan, Daya master, KP Pathmanathan, Wimal Weerawansa…………these are all killers and terrorists. Would you care to respond?

    • 5
      1

      They are also given top posts in the country. What a shame for this country.

  • 22
    6

    ” Good that Chief Magistrate Emma Arbuthnot of Westminster Magistrate Courts made strong comments on issues relating to diplomatic immunity,” Human Rights lawyer Arun Gananathan told Colombo Telegraph. “

    Yes it is good; a lesson learnt; The Vienna convention is not to promote Mahanama’s or Anagarigam’s Racist theories.

    But this crime is only a rain drop with the ocean of Karma King is carrying with him for the death of 150,000 innocent Tamils. For an year they were kept in brutal, dangerous jungles without food, water, medicine or without fear of death go for bathroom needs. At the end, anyway, all of them were bombed and bodies bulldozed, to create show for UNSG, Ban Ki Moon. .
    [edited out]

    • 2
      2

      Mally, Now you reckon 150,000 …Is that all collated from Nanthikadal?..

      Who took them to Nantikadal without proper Toilets and even Two Man Tents let alone Motor Homes like what you guys are using now..

      I know Mullative Beach in front of that Army Canteen is a beauty ,specially at the Sunset.
      The views from the 5 Star Digs next door are even better if I could afford that USD price tag for B&B..
      I know Nanthikadal and Pudithikuruppu are a fair way from there.
      Why did they go there in the first place.
      Surely it can’t be for a Holiday.

      BTW my Elders tell me lot of other innocents also in places like Kabelithigollwa,
      Katunayaka.Kandy,Anuradhapura,Seruwila, Wipatthu , Dehiwala and even our new Mecca Kathankuddy were killed , went missing or mortally wounded with Machetes

      All during the Regimes run by Uncle Junius , Keslwatta Kid’s Dad, Chandrika Madam and last but not least even Dr Ranil’..
      Wonder whether any one collated the numbers of these bodies and sent it to Solheim, Cameron. that French FM and of of course Ms Sooka..

      • 0
        1

        ” Who took them to Nantikadal without proper Toilets and even Two Man Tents

        In 1958 Solomon West Ridgeway Dias &, in 1977,1981 & 1983 Junior Richard; after looting properties, confiscating their lands & business institutions, raped tortured and then Rapist Army leaders loaded them in Cargo Ships and down loaded there. Ask some Tamils friends, why the Tamils who have been going to England to return as London Mapillai started to go to Muthaiyan Kattu and Visuvamadu. Siri Mao education system?

  • 26
    5

    The Sri Lanka government should realize that diplomats should be appointed from Administrative services or at least from retired judicial officers and not from the Military sector. These are blunders made by rulers of Sri Lanka. After all diplomats representing a country are under a moral obligation to move with the public. This applied even to posts like Governors for Provinces. If rulers want to please the Military, then they are in for trouble on various pretexts.

    • 0
      4

      Ayathuray Rajasingam, Why were you silent when former terrorists become people’s representatives?

    • 2
      0

      A R, Brigadier Andige Fernando was not holding a diplomatic assignment. Military personnel in Embassies have their separate roles. Andige Fernando was found guilty of overplaying his hand.

  • 14
    33

    I think that the tamil diaspora made a big drama out of a harmless gesture and achieved something out of nothing thanks to bias western law.

    • 4
      1

      peterson

      you haven’t the IQ to see the big picture.If all diplomatic personnel in the UK start to show throat cutting gestures how would the british people feel.have to nip in the bud.

    • 3
      2

      Do you honestly mean that the gesture is “Harmless” if you are at the receiving end of the gesture?

  • 3
    1

    Systems of “justice” vary in countries.
    Here is a type of “justice” in India – almost like what happens rarely in Sri Lanka.

    https://www.bignewsnetwork.com/news/263304848/four-suspects-of-rape-murder-of-indian-woman-die-in-police-custody

    • 1
      0

      don’t worry about those scumbags and their animal rights.the same should be done by gota to those 8 animals who raped and killed vidya.When taking them out to reconstruct the crime before the death penalty is implemented they would naturally take some grenades from their pockets and try to lob them and unfortunately killed.

      ps.once in a way(not always)better to tweak the justice system to get real justice.

  • 27
    9

    Sri Lankan army thinks that they can get away any harm, killing rape of Tamils is heroic act not barbaric.
    They can get away with this barbaric act anywhere in the world
    They met their Waterloo in UK and swiss embassy

    • 1
      4

      Oh yes yes. This is the end of the SL Army.

      • 2
        1

        Retarded Shemale Perehera, why are you talking about the end of the Lankan army when there has never been a beginning of the Lankan army. Get this fact, Lt., is a low ranking commissioned officer. At retirement you were only able to achieve that rank in a 3rd world army? If you had come to Canada back in the 80s and started cleaning toilets, maybe today you could have retired as a head toilet cleaner. It is far better than being affiliated to a 3rd world army.

    • 2
      5

      Dilshan,
      Sri Lankan army thinks that they can get away any harm, killing rape of Tamils is heroic act not barbaric.
      Sri Lankan Army did not think like that. They saved about 300,000 Demala civilians used as a ‘Human Shield’. They brought peace to all communities.

      IPKF behaved like the way you say and they got away. No war crime charges.
      —-
      It was ‘Para’ Demala barbaric terrorists who thought like that and slaughtered innocent civilians belong to Sinhala, Demala and Muslim communities. They were the barbarians who grabbed children from their parents and recruited as child soldiers. They were the barbarians who kept civilians as a ‘Human Shield’ for the protection of terrorists. They were the barbarians who shot civilians who tried to escape and come to the Sri Lankan Army. They were the barbarians who massacred Muslim worshippers in a Mosque. They were the barbarians who shot 600 Sinhala Police Officers who surrendered. They were the barbarians who killed Buddhist worshippers at Sri Maha Bodhi. They were the barbarians who slit the tummy of pregnant Sinhala women, pulled the baby out, threw to the air and held the bayonet towards the falling baby.
      —-
      The list can go on for several pages.

    • 1
      1

      At the time [edited out] governed the nation, from 2010 -2015 there had been an innocient girl who got beheaded in SAUDI for not proper reasons. There the Rajapakshes failed to the due, but good governance govt came in and saved a number of the like minded cases in MIDDLE east region. ‘-

      Now [edited out] got back to power by fooling the very same people, no different to Eagle eye from DOWN UNDER (an another political refugees in the name of civil war, but a most known ULTRA RACIST to the eyes of CT readers), would never be able to convince the INTERNATIONAL community and save the nation properly. These men came to power thanks to SAHARAN and to all easter sunday victims.
      :#
      They raised racism and terrorists (this time out of muslims) and also got elected as leaders, Today, the bugger et al is caught by CATCH 22: Teenager politician Gotabaya only speaks out, while he was out of country. ‘- All is now clear – through SWISS embassy in colombo, that their local employee was detained and hurt by the unvilizied manner the brutal rajapakse underground men, reflecting to their brutal past prior to 2015, but low lives of WIMALA buruwawanse seem to have guts to bring utter lies, denying that there had been no such hurt made by underground squad of rajakashes.
      This is the nature of srilankens, at least 50% of lanken population are pro- unciviized going by lately held election results.

  • 12
    27

    He has diplomatic immunity you idiots.

    • 3
      7

      Abhaya,

      Let alone diplomatic immunity, the Brigadier is not even in the UK anymore. He’s now in SL.

      I think Theresa May and Kate Middleton are going to come shouting “where is Priyanka, where is Priyanka”……..and at that point I think Gotabhaya is going to lift his sarong and say “here’s Priyanka”. LOL!

      • 5
        1

        Shemale Perera
        According to you Priyanka is hiding under Gothabaya’s sarong. You army people are all bloody cowards. You are hiding in Canada.

        • 2
          2

          Steve can you tell me where this army coolie is in Canada?

        • 2
          0

          Steve,
          there are rumours that this SHEMALE perera was a cook in Army. So, he though today boasts about to have done a great service as an army soldier. These men are beyond all ethics and moral, we the sinhalaya are made barbarians by the kind of idiotic men.

    • 5
      1

      diplomatic immunity is for humans,not animals,you idiot.laws are for humans only.

    • 6
      2

      Diplomatic immunity is for traffic offences and minor crimes. Threatening harm to citizens of a host country does not fall into that category. He had stepped out of the premises on public domain and committed the crime. Had he fired from within embassy compound and killed any protester, he can claim immunity like what happened outside Libyan embassy. UK is a civilized country with strict laws and fair judicial system unlike Sri Lanka, a banana republic with jungle laws and kangaroo courts.

    • 3
      0

      So does Gothaya.

    • 4
      2

      There is NO diplomatic immunity for imbecilic, childish or boorish behaviour. There is nothing in the brief of a Defence Attaché that requires or entitles him to make any sort of intimidating gestures that would aggravate any situation. In short, it was silly, inexcusable behaviour. He now has to face the consequences. Sadly, he did not have the courage to turn up in court, and face the charges, and defend himself like a man. What a let down!

      • 1
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        … but he did have the courage to join the military in the thick of war and fight the LTTE in the front lines putting his life at risk everyday, something I believe requires a weeny bit more “manliness” than typing criticisms on a the web under a pseudonym.

        • 1
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          Look who’s talking. What is in question is that the man had no common sense to understand that he was not on the battle field and it was his duty not to embarrass the High Commissioner, which he ended up doing. Perhaps the fault lay with those who appointed him to that position without fully realising his inherent character faults.

  • 1
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  • 2
    5

    While I agree that the Brigadier should have contained himself in a manner becoming an officer and gentleman, (Sri Lankan), I must emphasize that her Majesty’s Government of Great Britain should NEVER have allowed a gathering with banned flags to gather outside the Embassy on the National Day of Sri Lanka. No one wants to say anything about the flip side. IF the U.K government stopped the gathering out of respect or regard for their former “colony”, this episode would not have happened.

    • 2
      2

      The flags are not banned get your fact correct.

      • 1
        1

        Yes, but the LTTE is! Being the National Day of Sri Lanka, knowing that this would lead to a serious issue, the U.K government has an obligation for both sides: the LTTE and the diplomatic issues of a sovereign state. But in this case, the Brits just allowed this to happen, Just too bad!

        • 1
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          kumar soysa

          “the LTTE and the diplomatic issues of a sovereign state.”

          What is sovereign state and how does it relate to Sri Lanka?

        • 2
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          Rajapaksas are the biggest fans and supporters of the LTTE. Go and look how many LTTE buggers are in his party.

        • 0
          1

          So what ? The LTTE may be banned but this has nothing to do with the flag . It is the flag of Tamil Eelam and Tamil self determination and unless it has the LTTE logo no one can ban it. People can demonstrate any where or at anytime , irrespective iof whether it is the national day of Sri Lanka. It is not a national day for Tamils , as most of them consider it a day of mourning , as our enslavement to a racist vicoious Sinhalese majority started from this day. Sinhalese gained everything and whilst we gradually started to loose all our rights , land and wealth to Sinhalese racists from this date. The Indian origin Tamils were even made stateless. after living in the land for more than 8 generations and earning most of the foreign exchange , at that time. This is why we demonstrate.

      • 0
        0

        The flag is a violation of the 2006 UK Terrorism Act, which forbids the “glorification” of terrorism. By waving the flag, the protesters are “glorifying” the LTTE, which is a banned terrorist outfit in the UK. They are also encouraging others to join or support the LTTE. Anjem Choudhary was arrested for supporting the ISIS via extremist speech. Therefore, these protesters are also guilty of supporting an outlaw group by waving their flag.

  • 4
    0

    Brig. when you are in Rome do as a Roman does, hence you have only yourself to blame for this fiasco, as it has been proven today that you are at fault. Now the million $ question is, who will pay the Sterling Fine to the UK Govt???.

  • 0
    1

    Britain or any other country, one cannot say its judiciary is perfectly impartial and it does move with the winds of the society. I know this comment will attract a lot of thumbs down but one cannot be going by that in the exercise of one rights of freedom of speech. The lobby we are dealing with is sizeable and can make electoral impacts on the December elections. I have a simple question. If the same Fernando were to drive a car in UK and knock down a man, there is nothing called diplomatic immunity there. Good. How many suddas caused havoc here and got out because of diplomatic immunity? Only President Premadasa had the guts send David Gladstone out. Now that both the conservatives and the labour manifestos talk of dividing Sri Lanka into two, why don’t we reduce the High Commission status into a trade delegation for starters. Close down our High Commision there. Patta Suddas cannot contribute anything meaningful here but to accuse those who do as laying debt traps.

  • 5
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    We can’t have our military officers behaving like thugs, and making threatening gestures in other nations. If we don’t show we have some dignity and respect, and don’t conduct ourselves to bring credit to our country while representing, it or wearing it’s uniform, we should face the consequences of laws in other nations. Unlike in Sri Lanka, politicians making a call, and getting culprits released, is not the norm.
    Perhaps next time our arrogant military officials visit a foreign country, they will think twice before acting like a buffoon.

  • 4
    1

    This army brigadier is not fit to be even a conservancy labourer. He has completely let down our country by his foolish gesture. Only career diplomats should be employed in embassies and foreign missions. No policeman or forces personnel should be allowed to serve. Disgraceful fellow.

  • 4
    1

    This is bad news for UK, Boris Johnson , and whoever the next PM is after the election!

    Gota is going to send Karuna with a false diplomatic passport and provide him with white vans and drivers in the UK to abduct the judge and the jury…take them to Sri Lankan ambassy in London…

    if Saudis can murder in side their consulate; so can Sri Lanka under Gota

  • 2
    3

    What a joke!
    ]
    Gutless murderers who eliminated all male Sinhalese over 18 years to control the UVa-Wellassa uprising of 1818 (against their lies, murders and trickery of 1815), these blood drinking, meat eating heathens punish a Sri Lankan military officer for scratching his neck? But they hid their stinking balls and took no action against the Abu Gharib prison criminals who tortured innocent Iraqis.
    ]
    They don’t talk about their shithole history or acts of their leader, British-American Jew Winston Churchill, the worst war criminal in the history of the world, who bombed Dresden and nuked Hiroshima and Nagasaki after the second war (more than one million innocents) was over. Their thirst for blood and an empire is still the same.
    ]
    We don’t need diplomatic or trade relations with these pale skinned heathens with no morals, but only guns and other weapons.
    \
    Sri Lanka should start a nuclear weapons programs ASAP. We need to cleanse the world of this filth.

    • 1
      1

      Sampath Gabadage

      “What a joke!”

      Then laugh.

      “punish a Sri Lankan military officer for scratching his neck?”

      He was scratching his b***s.

      “But they hid their stinking balls and took no action against the Abu Gharib prison criminals who tortured innocent Iraqis.”

      And what are you going to do about it?
      Are you planning to lead a team of Ranavirus to USA and punish the perpetrators?
      Before that, go stop Indian fishermen who are illegally fishing in this island’s waters depriving our fisherfolks their livelihood.

      ” Sri Lanka should start a nuclear weapons programs ASAP. We need to cleanse the world of this filth.”

      Given the history of self destruction and given the level of excellence this island has reached in nuclear science and technology you will first destroy this island completely before …..

      Imagine if you had access to Nuclear Weapons between 1983 and 2015.

  • 4
    2

    UK made many uncivilized activities in Iraq and Afghanistan. The soldiers are still running free even when the evidence is shown.
    ..
    Adel is living the dream in UK after destroying many children. Still not worried about justice.
    ..
    There were more children killed in Iraq war than the atomic bombs in Japan. Still not acted on Justice.
    ..
    Many lies were caught by Russian intelligence and shown to UK in the Syrian crisis. Yet all went on deaf ears.
    ..
    LTTE is a known terrorist organization and still UK is a safe heaven for them. I really don’t understand how they derive justice in UK

    • 2
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      Suranga Mahththayo,

      Not just Adele B but there many from Lanka that left the country after having committed terror activities live in those countries under the UN humanitarian laws. –

      Most got refuge status during the war – are not even real refugees, but they have become EU, American, Candian citizens.

      And what is the difference,between those who can be branded as most high criminals in our country but people re elected them as the leaders and with other unfairnesses in the world. For me, the former is even worst than any other unfairnesses we experiencd in this world today.

      There are also Syrian killers among the refugees in EUROPE: There are also srilanken war criminals of Perera NATURE now become migrants in TORONTO canada

      • 1
        0

        Suranga Mahaththyo,
        we dont need to go that far, newly elected President of Srilanka is alleged to have committed much crimes. But people dont care about it, but got caught by the tricks being applied by their orifices such as Derana TV and Hiru TV. ‘-

        Now all is becoming clear to the WORLD community the manner Rajakashe rascals have hurt that SWISS embassy employee, but the govt to deny is no better to that of Jamal Kashogiis misteriouus killing in SAUDI embassay in Istanbul, Turkey, Oct 2018.

        I think our place isnow turned out to be worst, what they gained during last 4.5 years will be reversed by the rascals, rapists, got elected this time. To me, Rajakshes should be broughtto jails forever if the nation to see it better.

    • 1
      1

      Suranga Gunasekera

      “UK made many uncivilized activities in Iraq and Afghanistan. The soldiers are still running free even when the evidence is shown.”

      And what are you going to do about it?
      What are you going to do about the Ranavirus who were responsible for committing war crimes in this island? And their leader is now been elected as president.

      • 0
        0

        Firstly UN has cleared us from war crimes three times. It’s unfortunate that some good people got killed as collateral.
        ..
        Good thing is the LTTE got eradicated. When you look at the Macro level, the Micro level issues are irrelevant.
        ..
        My Tamil and Muslim friends agree with me about the same. They have more freedom now than before. They don’t get bullied to donate money anymore.
        ..
        I don’t need to behave like a dog to teach the dog a lesson. Trust me, there are many civil ways to give light to the world.

        • 1
          1

          Suranga Gunasekera

          “Good thing is the LTTE got eradicated.”

          However, the war criminals and crooks are back in power.
          Soon their Sinhala/Buddhist fascist project will be completed.

          “Firstly UN has cleared us from war crimes three times. It’s unfortunate that some good people got killed as collateral.”

          Could you let us have evidence for this fake news.

  • 1
    4

    Totally symbolic and redundant verdict. The man is safe, he is immune to these laws, and neither UK nor any other country can set a precedent by actually carrying out any sentence on a diplomat. However, the Lankan Tamil elite, who satisfied their ego by grooming the Tamil Tigers and nearly annihilating the entire Northern Tamil youth, will rejoice in this pyrrhic victory. It seems they love these little things a lot, and get satisfaction by in your face type of gestures to other Lankans and expat Lankans. I suggest that the Sinhalese ignore this and focus on the real problem at hand, the Moslem Jihadi fanatic menace and their ulterior motives to usurp the powers from the Sinhalese by explosive population growth. The LTTE and Tamil expats are a dead horse, quit beating these suckers. They dug their own grave, let them rest in peace.

  • 3
    0

    This was action unbecoming of an officer in peacetime anywhere, under any circumstances. There is nothing in the brief of a Defence Attaché that requires or entitles him to make any sort of intimidating gestures. In short, it was silly, inexcusable behaviour. He now has to face the consequences. Sadly, he did not have the courage to turn up in court, and face the charges, and defend himself like a man. What a let down.

    • 1
      2

      Spring Koha

      “There is nothing in the brief of a Defence Attaché that requires or entitles him to make any sort of intimidating gestures.”

      What about scratching his b***s, stuck in his throat?
      If this thug diplomat could threaten public on a foreign soil while wearing uniform, imagine what he would have done in a war zone?
      These men rage 24/7/52, look at the videos on youtube how their boss the national hangman behaved during foreign TV interviews, …. naturally he has now been elected president.

      And the stupid mob in this forum want to change British legal system, Geneva convention, …………… sentence Adele without being charged. These Gota’s goons should demand Karuna, Pillyans, KP, ……………….. thousands of members of Pottu Amman department who now work for the Military Intelligence … be charged which is the most easiest thing to do.

      What a morons these clamouring mob is.

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    • 1
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      Eagle Blind Eye

      Thanks
      Thanks a lot
      Please keep typing.

  • 2
    0

    This shows really bad in the international community provided that very soon there will be HR violation investigations during Rajapaksas 2005-2015 regime.

    This idiot do not know the difference between a Diplomatic Defense Attache and a Security guard in the embassy/consulate ?

    What he is performing is a job a normal security guard do and this make the country look a joke among the diaspora and law abiding citizens.

    Shame he was allowed to carry on his duties in Colombo now.,. why not court martial and send him home for this crime.

  • 2
    1

    What if Priyanka Fernando showed his middle finger to the Tamil/LTTE sympathizers? Are diplomats allowed to say F-You? Also, sliding a finder across the throat in the music recording industry means STOP during studio recording sessions. May be he was just telling the ‘Tamil/LTTE sympathizers “Stop Your Cacophony.” Either way, its much ado about nothing. One more headline article for the pathetic TamilNet.

    • 1
      1

      PSE

      “May be he was just telling the ‘Tamil/LTTE sympathizers “Stop Your Cacophony.”

      You are reading too much into Priyankara’s jest.
      He was only scratching his itchy b***s.

  • 2
    2

    What a joke. What a monumental joke, firstly for a Magistrate’s court in London seeing fit to waste its precious time on this frivolous case, and then for the learned magistrate to state, “ I have no doubt that alarm was caused to all three and that Mr Perera was distressed by what he saw.” Can any sane person buy that – that the Brigadier’s gestures actually caused ‘alarm’ and ‘distress’ to the complainants? But wait, the magistrate has “no doubt” about it! This is the Christmas season and maybe we are entitled to believe in fairy tales!

    • 1
      1

      Fred

      I agree with you, the judge shouldn’t have insulted the “integrity” of this man, who was supposed to be a diplomat and Ranaviru.
      The Sri Lankan government under Mahinda/Gota should have
      expelled the entire UK diplomatic mission in Colombo and close down its mission in London.

      That would have taught the old Colonial mater a lesson it will think twice before meddling in our domestic affairs.

      He was only scratching his itchy b***s.

      Let’s expel the Swiss Diplomats too and withdraw our Ambassador and his diplomats.

      What these European think of themselves.
      Remind them Gota won the war in 2009 single handedly.

  • 0
    0

    The Swiss embassy in sri lanka also has the diplomatic immunity how far the action can go. and bought on attention if deemed to be a danger to others or themselves

  • 2
    2

    The Tamil diaspora is further alienating themselves from Sri Lanka, great just stay in England and maybe they will give you your phelam 🤩. This is a stupid ruling from a biased judge that has no bearing on the brigadier

    • 1
      1

      Rohan

      “The Tamil diaspora is further alienating themselves from Sri Lanka, great just stay in England and maybe they will give you your phelam 🤩.”

      Don’t you think it is their choice whether they alienate themselves from Sri Lanka or live in future Sinhala/state of Hindia?

      “This is a stupid ruling from a biased judge that has no bearing on the brigadier”

      So you want the UK government to let every Tom, Dick and Harry to scratch his b***s in public?

  • 2
    0

    The Brits collected heads (sculls) of Sinhalese including the ‘adhivasis’ to examine them in their Labs. In the process something has gone wrong to their heads and they cannot see the difference between a man and a woman, let alone terrorists roaming their streets from a soldier posted to guard the high commission. Ditta Dhamma Vedaniya Karma, I suppose.

  • 3
    2

    I feel sorry for British people. British governmemt saw foreighn terrorist seeds in Brirain and they reap home grown terrorist attacks. Terrorists breed like rabbits in Britain.
    Will they allow Al Quida and Taleiban that sort of demonstrations in front of British parliment?
    Near sighted greedy politicians pet terrorists to get Tamil votes and by 2050 it will be over run by all sort of terrorists
    Height of hypocrisy acheived.

    • 1
      0

      This is not valid only to Britain. We notice it in Germany, France, the Netherland and very many other countries, that those who migrated to them from other cultures behave even worst than terrorists. If those people behaved so in SRILANKA or in a country filled with uncivilized people of our nature, they would create a situation of RUWANDA genocide nature. We know how our people are upto … though under the banner ” so called sinhala buddhist”: There is no law effective in that part of the world: That madhu madawa ballige putha or Iraj should be jailed for all the harm they have done lately in SL .. their inhuman acts against srialnken muslims by inflicing riots lately should be investigated properly. No lanken authorities were there to go for it. Why ? Sirisena should be hung by his balls to have protected these men. Even today, the afore mentioned ultra nationalists and rascals are on lanken spot light. I think if the kind of ultra racists were in Europe, they can only be found in prison cells. I think we the people should focus on these racists kings if at all to rebuild this nation:

  • 3
    3

    This conviction is questionable. Has any one was convicted in any courts for such body language.

    The recent manifesto of conservatives shown sympathy to LTTE.

    • 1
      1

      Jay

      “The recent manifesto of conservatives shown sympathy to LTTE.”

      No it doesn’t.
      Probably you need to brush up your language skill before you delve into Conservative party’s 2019 manifesto page 53.

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