ABC News, October 26, 2011 – The Australian Tamil community says it feels betrayed by the Federal Government’s decision to stop a war crimes case against the Sri Lankan president proceeding in Australia.

Tamil man Jegan Waran, 63, has filed charges in the Melbourne Magistrates Court against Mahinda Rajapakse, who is in Perth for the Commonwealth Heads of Government Meeting (CHOGM).

Attorney-General Robert McClelland’s permission is required for the proceedings to go ahead, but he has ruled it out.

Mr McClelland says the president is legally entitled to diplomatic immunity.

Australian Tamil Congress national spokeswoman Sam Pari says the decision is disappointing.

“We actually have a magistrate who has set a date for the hearing and to think that the Australian legal system will allow this to take place but for a politician to then say that these proceedings can’t go forward is very, very disappointing,” she said.

“We also feel quite betrayed as well. We have an eyewitness who has found the courage to step forward.”

Former Australian diplomat Bruce Haigh says Mr McClelland is wrong to claim he would have breached international law if he allowed a war crimes case against the Sri Lankan president to proceed in Australia.

Mr Haigh says it is clear Mr McClelland’s decision has been purely based on politics.

“He doesn’t want to do anything that would upset the apple cart as far as CHOGM’s concerned,” he said.

“But in terms of international law and in terms of Australian law, no, he would not be in breach.

“He hasn’t looked at the law but he’s reacted politically to the situation because it’s CHOGM.”

He says CHOGM should be a time to discuss human rights issues.

More: http://www.abc.net.au/news/2011-10-26/tamil-community-upset-at-sri-lanka…

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