Aussie govt refuses to act on court case
The Australian government has quashed a court case filed against
President Mahinda Rajapaksa in the Melbourne Magistrates Court by
Arunachalam Jegatheeswaran, a known Sri Lankan LTTE operative based in
Australia, the External Affairs Ministry said.
In a letter addressed to Sri Lanka's High Commissioner to Australia,
Admiral Thisara Samarasinghe on October 27, the Attorney General's
Department of Australia has informed the High Commissioner that
Australia has and will continue to comply with international obligations
in this matter and as a result the Attorney General has considered and
declined to proceed with the court case as the continuation of the
proceedings against President Rajapaksa would be in breach of domestic
law and Australia's obligations under International Law.
It has been further noted that Commonwealth Laws extended immunities
to Heads of State and Heads of diplomatic missions representing the
respective countries abroad.
Those immunities include personal inviolability, including from any
form of arrest or detention and immunity from the criminal jurisdiction
of the receiving state. President Mahinda Rajapaksa is visiting Perth,
Western Australia to attend the Commonwealth Heads of Government Meeting
(CHOGM).
Meanwhile, Australian Prime Minister Julia Gillard making a statement
to the press on this issue has stated that "no such legal action can be
taken on an issue like this without the consent of the Federal Attorney
General and the Attorney General has not received any request in
relation to this matter."
Sri Lanka's High Commissioner to Australia, Thisara Samarasinghe,
responding to the court case against President Rajapaksa, has welcomed
the Australian government's decision while appreciating the stand taken
by Australian Prime Minister Julia Gillard and Attorney General Robert
McClelland in this regard.
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