Thilanga fights to make a comeback
Cricket’s power-broker Thilanga Sumathipala has filed a writ application in the Court of Appeal urging the court to quash a decision by the former Minister of Sports Harin Fernando to bar him from holding office in Sri Lanka Cricket (SLC).
Sumathipala, a businessman-turned politician, was holding office in the Executive Committee by virtue of being the immediate past president but was banned from holding any position within SLC following a directive issued by the former minister based on the findings and recommendations of a three-member committee he appointed.
A committee chaired by Dhammika Muthugala, the Director General of Sports of the Department of Sports Development, and comprising Shiromi Ranawaka, Legal Officer Ministry of Sports, and Attorney-at-law S. D. Piyadasa, found that Sumathipala was ineligible to hold office. They determined that Sumathipala holding office violates Gazette Extraordinary No. 2137/85 that bars individuals, including family, who have direct or indirect links to the gambling industry from holding office in any sports association under the Ministry of Sport.
Sports Minister Harin Fernando issued a gazette on August 21, amending the National Association of Sports Regulations to ensure that anyone – or any member of his immediate family (being a spouse, parent, sibling, son or daughter or son-in-law or daughter-in-law) – who has an interest in “betting, gaming or wagering, or in a betting gaming or wagering organisation or is employed in the day to day operations of such organisation or organisations” is disqualified from holding office.
Sumathipala, who has publicly admitted to his family’s involvement in the betting business, had managed to hold office owing to ambiguity in the previous regulations. But the new law is well in line with the International Cricket Council’s (ICC) newly amended Code of Ethics which requires its directors to have no connection whatsoever to gaming and betting industries.
In his writ application, Sumathipala has named 15 respondents, including the entire Executive Committee of SLC, the former Sports Minister Harin Fernando and his successor Dullas Allahapperuma, Sports Ministry Secretary K.D.S Ruwanchandra and all three members of the inquiry committee.
Now a Deputy Minister in the Rajapaksa-led government, he argues that the then Minister of Sports had no power to investigate the eligibility of members of National Sports Associations and that his action to appoint an inquiry panel was contrary to his previous action where he directed the SLC to explore his eligibility.
“The circumvention of the said established procedure, caused grave prejudice to the petitioner in as much as inter-alia, he was thereby deprived of his statutory right of Appeal to the 1st Respondent (Sports Minister) provided by the Sports Law from a decision of the National Association of Sports concerned, i.e SLC,” the petition cites.
Alleging that the committee had disregarded the principles of natural justice by not according him with a “meaningful” opportunity to make submissions, he says the investigation was a “ruse and a farce” to justify the illegal action of the former minister.
He, therefore, requests Court to grant him an interim injunction, staying the decision of the Minister until the conclusion of his application and directing the current Minister of Sports to ask SLC to conduct an independent and impartial inquiry.
The application is to be supported on January 13, 25 or February 5, by his counsel Navin Marapana.
Sumathipala masterminded the election of Shammi Silva as SLC president. But their relationship broke over several disagreements on matters of serious concern, especially the proposal to appoint Singapore based Lagardere Sports as its marketing arm and a decision to sack the head coach Chandika Hathurusingha.
It is learnt that while, Sumathipala was in support of getting Lagardere Sports on board, the Silva was not in favour given the huge cost., Sumathipala also wanted Hathurusingha while Silva decided to sack him. They were in disagreement, too, over the termination of the contract of Asanka Gurusinha, SLC’s High Performance Manager, on the Sports Minister’s request.
Hathurusingha and Gurusinha were both hired during Sumathipala’s stewardship. They were paid exorbitantly. Given their performance in their respective roles, however, there were many that supported their exit including the Minister of Sports.
Sumathipala felt otherwise. This caused heated arguments between him and Silva. But the incumbent President, with Sports Minister Fernando firmly behind him, won the battle not only by shutting the door on Lagardere Sports, sacking Hathurusingha and Gurusinha but also by sending Sumathipala crashing out of SLC. It was a major blow to a man, no matter how controversial, who had wielded power over cricket administration for many years.