Judge calls for fresh inquiry
Justice Rohini Marasinghe has called for a fresh inquiry, respecting the rules of natural justice into the allegations of match-fixing against Panadura CC and Kalutara PCC.
Justice Marasinghe has made this recommendation after evaluating the reports of the inquiries conducted by the SLC appointed Disciplinary Committee led by Attorney-at-Law Asela Rekawa and the Appeal heard by Palitha Kumarasingha PC.
Though there was no evidence to prove an attempted fixing of the match for financial gain, it appears it has been purely about promotion and relegation from the top tier of Sri Lanka’s first-class cricket.
Having resumed the final day on 180 for 2, Panadura SC added further 223 runs in 22.3 overs at a run rate of 10.34 for their first innings. Kalutara PCC were bowled out for 197 in 22.5 overs in the second innings, before Panadura SC hit 167 for 7 in 13.4 to win the game. The end result had seen Panadura continue their march towards promotion to Tier A, while Kalutara PCC, whose run rate had been boosted by the elevated scoring rate in the game, staved off relegation.
Even though Justice Marasinghe was entrusted to conduct her own inquiry and pronounce a final judgment as well as recommendations for punitive action against those found guilty, Justice Marasinghe has suggested to appoint four others along with her to conduct a fresh inquiry.
“It is suggested that it be appointed by the EXCO in terms of article 19 (k) of the 2018 SLC constitution to hear the matter afresh,” the report submitted by Justice Marasinghe reads. “It is further suggested that along with me, one other and the same three members who had heard the impugned inquiry be also appointed as they are familiar with this matter.”
Justice Marasinghe has found that both the disciplinary inquiry as well as the subsequent appeal have not followed the rules of natural justice by giving a fair hearing to all parties accused concerns.
“The violation of the rules of natural justice by the Disciplinary Committee was apparent as it had not followed the rules that were laid down for a fair hearing. The inquiry out to have commenced with the Disciplinary Panel briefly outlining to the accused the nature of the charge, the evidence in its possession and the documents it intends to use,” the report reads.
“ If the principles of natural justice are violated in respect of any decision, it is immaterial that the same decision would have been arrived even with the absence of the violation of the principles of natural justice. The decision must be set aside,’ it further adds.
“The accused persons, it must be emphasised, had not abstained themselves, from the hearing, on their own volition. They were not made aware of the inquiry through the service of summons and a copy made aware of the inquiry through the service of summons, and a copy of the charge sheet and documents were not served on them with reference to the hearing,” the report reads.
The Disciplinary Committee in their findings established that match fixing had taken place purely on promotion/relegation purposes and recommended to ban all players involved for one year from all cricketing activities for their role–with Captains Chamara Silva and Manoj Deshapriya receiving two-year bans. However, upon receiving complaints from the two clubs, Sports Ministry commenced a formal appeals process and temporarily suspended the original punishments.
The Appeal however absolved players of all charges on a technicality but recommend tough action against the Sri Lanka Cricket and clubs officials who are involved.