Brigadier Priyanka Fernando, a Sri Lankan Diplomat and the former Sri Lankan Defence Attaché of the Sri Lankan High Commission in London, is to face a fresh trial for threatening to kill protesters by making threatening gestures outside the High Commission on 4 February 2018. The International Centre for Prevention and Prosecution of Genocide (ICPPG) in a statement said the trial will take place tomorrow(18) at the Westminster Magistrates Court. Fernando was filmed, whilst on duty, making repeated slit- throat gestures to protesters who were conducting a peaceful demonstration. The victims filed a case against Brigadier Fernando as the Police had not arrested him citing diplomatic immunity. Fernando failed to honor the summons issued by Westminster Magistrates Court. Accordingly, the first trial took place in absentia on Monday, 21 January 2019 and Fernando was found guilty of two charges under the Public Order Act. Fernando was convicted of intending to and causing harassment, alarm and distress with his gestures, which were made after he had taken photos and videoed Tamil protesters. The panel of Judges, led by Chief Magistrate Henley, found Fernando guilty and issued an Arrest Warrant, without bail. However, the warrant was subsequently withdrawn following the intervention of the Foreign & Commonwealth Office (FCO) who raised an issue as to whether Brigadier Fernando was immune from prosecution for the offences due to diplomatic immunity. Accordingly, this was listed for further hearing to consider the issue of immunity. On 1 February 2019, at Westminster Magistrates Court, Counsel for Fernando argued that the Brigadier’s actions were covered by indefinite immunity as they were within his official duties to monitor any anti-Sri Lankan activities or LTTE activities and report them to the Sri Lankan High Commission and to prepare appropriate strategies to safeguard the High Commission. However, the defense argument was rejected by the Chief Magistrate at a hearing on 1st March 2019 who found that: “It was not part of Brigadier Fernando’s job description to make the alleged cut-throat gestures on the three occasions, it could not be any part of the mission’s function and therefore the Minister Counsellor’s behaviour is not given immunity by Article 39(2) of the Vienna Convention. Counsel for the defense then made an application under section 142 of the Magistrates’ Court Act to have the conviction set aside. As a result the case was adjourned to 15 March 2019. At the hearing on 15 March 2019, the defense argued that there had been procedural mistakes in the case. The Chief Magistrate agreed, and ordered a retrial on 7th May 2019. On 3 May 2019, the defense again made an application to vacate the trial on 7 May 2019 claiming that the Crown Prosecution Service (CPS) has contacted and indicated that the prosecutors are reviewing the materials intending to take over the case. As a result, the case was adjourned for 6th August 2019. Disappointingly, the case was again adjourned due to the delay in disclosure. The Westminster Magistrates Court has finally listed the case for a summary trial on 18 October 2019.