Sumathipala can’t represent Sri Lanka at ICC – Dharmadasa
March 11, 2013 08:02 pm
Although Mr. Sumathipala is not currently prohibited from
standing in the SLC elections by the ICC, he cannot be nominate to the ICC
Board until an inquiry is conducted into an alleged breach of the Code of
Ethics, Dharmadasa said in a statement.
“Therefore Mr. Sumathipala, if elected, cannot represent
Sri Lanka at the ICC,” he said.
Sumathipala had recently claimed to have been cleared by
the ICC to vie for President’s post during the upcoming Sri Lanka Cricket’s
election on March 30.
Irwin Jayawardena, a spokesman for the twice former SLC
President Sumathipala stated that ICC President Alan Issac had cleared
Sumathipala in a letter sent to him.
However, Upali Dharmadasa in his capacity as the serving
President of SLC and the SLC representative on the ICC Board of Directors today
issued a statement of “facts communicated to SLC” by the ICC President on being
informed of Thilanga Sumathipala’s nomination.
Following is the
full Press Release:
Due to the recent
media reports carrying contradictory information as regards the position taken
by the ICC on the nomination tendered by Hon. Thilanga Sumathipala MP for the
post of President of Sri Lanka Cricket, we issue this statement of facts
communicated to Sri Lanka Cricket by Mr. Alan Isaac, President of the ICC on
being informed of Hon. Thilanga Sumathipala’s nomination.
Mr. Isaac, by letter dated 5th March 2013 has inter
alia, informed Sri Lanka cricket that;
During the years 2003 to 2005 the investigations carried
out by the ICC Anti Corruption Surveillance Unit and the ICC Ethics Officer
found that there was evidence that Mr. Sumathipala was in breach of the ICC
Code of Ethics primarily through his relationship with the Sporting Star
bookmaking business in Sri Lanka. Although Mr. Sumathipala had denied that he
was in breach of the ICC Code of Ethics previous statements given by him under
oath appeared to contradict the denial. In order to give Mr. Sumathipala a full
hearing Mr. Goolam Vahanvati, renowned Indian Judge and Member of the ICC’s
Code of Conduct Commission was appointed to inquire into this matter.
Before that hearing
could be convened, Sri Lanka Cricket removed Mr Sumathipala as its nominee
director to the ICC Board. In the circumstances, Mr. Sumathipala claimed that,
since he was no longer a director, it was no longer appropriate that the
hearing into his alleged breaches of the Code of Ethics should continue.
Accordingly, no hearing was ever convened in this respect and no formal
decision issued.
Instead, in June
2005, the ICC Board resolved: ‘that
if Mr Sumathipala was ever nominated by SLC as its representative on the Board
again, he would not be entitled to take up that position until the hearing
process took place and a decision was finally made as to whether or not he had
committed a breach of the Code of Ethics.’. In the circumstances, although Mr. Sumathipala is not
currently prohibited from standing in the SLC elections by the ICC, the above
ICC Board resolution is still valid and if Mr. Sumathipala is nominated by SLC
as its representative to the Board of Directors of the ICC such nomination
cannot take effect until the inquiry into the alleged breaches of the Code of
Ethics of the ICC by Mr. Sumathipala is concluded. Therefore Mr. Sumathipala,
if elected, cannot represent Sri Lanka at the ICC.
The ICC has also
informed SLC that where appropriate, the Ethics Officer of the ICC can ‘conduct
an investigation, hold a hearing and also recommend sanctions (including but
not limited to a recommendation to remove a director under Article 4.11(f) of
the ICC Memorandum and Articles) to the ICC Executive Board for its ultimate
determination.’.
The above speaks
for itself and is vastly different in tenor to the interpretation sought to be
given to the ICC communiqué in recent press reports by various interested
parties.
The seriousness of
this issue is that the election of a person, whose conduct and ethical
standards are in question by the ICC would have a very negative effect on the
image of Sri Lanka, its people, the governance of the game of cricket and the
SLC. This press release has been issued by Mr. Upali Dharmadasa in his capacity
as the serving President of SLC and the SLC representative on the ICC Board of
Directors; which makes it his responsibility to correct any misinformation
being circulated in the public domain.
