This article is more than 9 months old

This article is more than 9 months old

A senior member of the Sri Lankan military has been convicted of public order offences in London and fined thousands of pounds after a court ruled he was not protected by diplomatic immunity.

Brig Priyanka Fernando was filmed making throat-slitting gestures towards Tamil protesters outside the Sri Lankan high commission in London on 4 February 2018. The demonstrators were highlighting concerns about human rights violations against Sri Lanka’s Tamil minority. Footage of the incident went viral.

The Sri Lankan government condemned Fernando for behaving in an “offensive manner” and suspended him from his job, and the Foreign and Commonwealth Office (FCO) protested over his actions. Fernando left the UK shortly afterwards.

Westminster magistrates court heard on Friday that he was understood to still be employed by the Sri Lankan state.

Three Tamils who have refugee status in the UK brought a private prosecution against Fernando. Majuran Sathananthan, Palliya Perera and Gokulakrishnan Narayanasamy, who were all involved in the protest, argued Fernando’s behaviour caused them harassment, alarm and distress.

The court found Fernando guilty and ordered him to pay more than £4,000 in fines, costs and compensation.

The chief magistrate, Emma Arbuthnot, said: “My view is that his actions were really rather disreputable. I gather he was recalled to Sri Lanka, one hopes in disgrace to some extent. His body language appeared to be arrogant and intimidating. He must have known it would be alarming at the very least.”

The case could be of note to the family of Harry Dunn, who was killed in a collision involving a US official’s wife, who claimed diplomatic immunity and fled the UK.

The FCO was involved in the case and provided information to the court about Fernando’s diplomatic status in the UK at the time of the incident.

Paul Heron of the Public Interest Law Centre, who represented the three Tamils, said: “The case has significant implications for the issue of diplomatic immunity. It may be worth the family of Harry Dunn investigating whether they could bring a private prosecution against Anne Sacoolas and prosecute her in her absence.”

During Sri Lanka’s civil war, Fernando was a senior officer in the army’s 59 division. The UN has accused the unit of involvement in war crimes in the final stages of the conflict. At least 40,000 Tamils are estimated to have died in the war.

The Sri Lankan high commission has been approached for comment.