EC call for immediate suspension of NOC Secretary
This recommendation follows an inquiry by a three-member committee appointed earlier this year by former Minister of Sports Harin Fernando. The investigation focused on allegations of financial misconduct involving de Silva and former NOCSL President Hemasiri Fernando related to the 2016 Rio Olympics.
NOC officials of 2016 presenting athletes bound for Rio Olympics with official bags and kits - File pic
The report also uncovered that the NOCSL violated regulations by sending six individuals to the 2022 Birmingham Commonwealth Games without the approval of the Sports Ministry. Out of 176 travelers (170 approved and six not), 12 absconded during the event, tarnishing the country’s reputation. This group included individuals sent without proper approvals.
The committee, led by Director General of Sports Dr. Shamal Fernando, included retired DIG Jagath Hemantha Fonseka and retired Deputy Auditor General NR Manel Dharmasiri. They submitted their report on February 6, 2024, but no actions have been taken as of yet.
The incumbent NOCSL President Suresh Subramanium had requested the Minister of Sports to investigate allegations made in parliament last year. These claimed that the NOCSL President and Secretary General fraudulently took funds for overseas travel and were involved in human smuggling when sending athletes to foreign competitions.
“In the aforesaid circumstances, it is our view that the NOCSL should take serious cognizance of the contents of the aforesaid report and take immediate action to suspend Secretary, Mr. Maxwell De Silva, pending further investigations by law enforcement and other statutory authorities,” the Ethics Committee report which was issued on September 4, 2024 states.
“We also recommend that our view expressed hereto should be brought to the attention of the International Olympic Committee forthwith”. The Ethics Committee chaired by Dinal Philips, PC, includes Dr. Seevali Jayawickrema and Ashan Stanislaus.
They also observed that “the officers of the NOCSL implicated in said report have conducted themselves in a manner unbecoming of an officer of the August Body of the NOCSL.”
“The said observations of the Committee are self-explanatory and the implications adverted in the said Report against the aforesaid two officers have been established to our satisfaction,” the two-page document reads.
“We also observed that a considerable time has lapsed until this matter emerged into light in 2023 and the actions of the implicated officers have thus far gone unnoticed and have also sullied the good name of the NOCSL. We regretfully observe that even though the ‘X2’ Report was issued as far back as February 2024, no action has been taken concerning the officers implicated in the said Report. We cannot simply condone such apathy as some of the allegations are tainted with criminality to say the least”.
The report examined a government audit revelation that the President and Secretary General of the NOC each claimed US$10,000 for travel and accommodation during the Rio Olympics, despite already being compensated by the International Olympic Committee (IOC). They failed to settle their bills promptly. The NOC charged the equivalent of US$10,000 in Sri Lankan rupees to its accounts for their travel and accommodation. Reimbursement occurred only in 2017, over a year after the expenses were incurred.
Both officials received US$10,000 (Sri Lankan Rupees 1,425,159) for travel and accommodation on March 14, 2016. According to the IOC report, the NOC spent Rs. 791,690 for the Chairman and Rs. 1,064,018 for the Chief Secretary in 2016. The funds were returned to the NOC on April 6, 2017, and December 4, 2017.
The matter was also investigated by the Special Investigation Unit (SIU) of the Ministry of Sports and has now been referred to the Criminal Investigation Department by the Attorney General’s Department for further action. Despite instructions, the CID is yet to make progress.
Following the Ethics Committee’s recommendation, the Director General of Sports has written to the Secretary to the Ministry of Sports, K. Mahesan, asking the latter to request either the Criminal Investigation Department or Special Investigation Unit to further investigate and determine the best course of action.
Following the DG’s request, the Secretary to the Ministry of Sports has written to the Attorney General on September 18, 2024, with copies of all relevant documents for advice on the next course of action.
The investigation report further indicates that de Silva, the Secretary General of NOC since 2009, admitted to taking six people without ministerial approval, which is mandatory under the law for international sporting event participation. De Silva stated that the NOCSL Executive Committee approved the six additional members and attributed the absconding of 12 members during the games to the economic crisis in the country.
Among the six unauthorised individuals was Chaminda Kumara Mallawaarachchi, who joined the team as an NOC invitee despite being banned by the Director General of Sports from engaging in any sports activities. The Secretary General and Treasurer claimed they were unaware of Mallawarachchi’s ban.
Mallawarachchi went missing during the games which begs the question whether the NOC was involved in human smuggling under pretext of participation in sporting events. The committee recommended establishing a financial bond with participants to prevent such incidents in the future.
The committee reviewed written statements from NOC President Suresh Subramanium, Secretary General Maxwell de Silva, President of the Wrestling Association Sarath Janaka Hewawitharana, NOCSL Accountant R.P.S. Seneviratne, Treasurer Gamini Jayasinghe, and various documents, including reports from the Auditor General’s Department.