On Air Highlights

Australian AG vetoes Sri Lanka war crimes case

25 October 2011

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The Federal Attorney General Robert McClelland has refused to allow a war crimes case against the Sri Lankan President Mahinda Rajapaksa to proceed in Australia.

Documents containing the allegations against Mr Rajapaksa were filed in Melbourne Magistrates Court by Arunachalam Jegatheeswaran, a Tamil Australian who was a volunteer aid worker in Sri Lanka from 2007 to 2009. In his filing, Mr Jegatheeswaran alleges that while in Sri Lanka, he witnessed military forces bombing hospitals, shelters, and other civilian buildings. He alleges that as President and commander Sri Lanka’s military during that period, Mr Rajapaksa is ultimately responsible for people who died in those bombings.

But the case required the Attorney General’s consent to progress, and on Tuesday, his office said Australia would be in breach of international laws granting immunity to diplomats if it were to proceed.

Tracee Hutchison spoke to Dr Sam Pari, of the Australian Tamil Congress, who says Tamils feel betrayed by the Attorney General’s decision.

Tracee also spoke to Lucien Richter, Mr Jegatheeswaran’s lawyer. He told her he believes recent cases show using diplomatic immunity as a legal argument is not as powerful a tactic as it once was.

Presenter: Tracee Hutchison

Speakers: Dr Sam Pari, of the Australian Tamil Congress, and Lucien Richter, the lawyer representing Arunachalam Jegatheeswaran in his war crimes complaint against the President of Sri Lanka