Tamils in Australia were frustrated after Attorney-General Robert McClelland disallowed war crimes charges against visiting Sri Lankan President Mahinda Rajapaksa to proceed citing his diplomatic immunity.

The charge was filed by Jegan Waran, 63, before the Melbourne Magistrate Court on Monday, when Rajapaksa arrived to attend the Commonwealth Heads of Government Meeting (CHOGM) in Perth. But the attorney general has to approve the case first.
The Australian Tamil Congress (ATC) expressed disappointment over the decision and felt betrayed.

"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," ATC spokeswoman Sam Pari said, according to ABC.net.au.

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The court has set the first hearing on the case on Nov. 29.

Former Australian diplomat Bruce Haigh described McClelland's decision as political. But Australian Foreign Minister Kevin Rudd said the war crimes issue may be raised against Rajapaksa during the CHOGM.

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