NOCSL Secretary General criticises conduct of its EC
Dear Editor/Publisher,
We refer to the article published on Sunday, October 6, 2024, titled “EC calls for immediate suspension of NOC Secretary General: Sports Ministry seeks AG’s opinion on best cause of action” in your newspaper in both print and online versions.
At the outset, we would like to place on record that the National Olympic Committee of Sri Lanka (NOCSL) reaffirms its commitment to transparency, integrity, and accountability. We write to clarify and to bring to your attention the facts surrounding the incident reported in your newspaper to ensure an accurate reflection of the situation and to correct the record.
At the Executive Board of NOCSL meeting held on October 1, 2024, a controversial letter dated September 4, 2024 said to have been sent by the Ethics Committee of the NOCSL to the President, Mr. Suresh Subramanium on a Complaint made by Mr. Suresh Subramaniam directly to the Ethics Committee was tabled by Mr. Suresh Subramaniam himself. After careful deliberation, the Executive Committee unanimously noted that the Ethic Committee’s purported letter lacked clear findings and reasons for such conclusions arrived at by the Ethics Committee. Instead, the conclusions regarding the Secretary General appeared to be based solely on a purported unauthorised copy of a Report with Annexures of the Ministry Committee. Even the Complainant Suresh Subramaniam has not annexed any such “Report with Annexures” to the Ethics Committee together with Complaint dated August 21, 2024.
According to the Ethic Committee’s Terms of Reference (TOR), any complaint forwarded to the Ethics Committee must be inquired into after giving due notice to any Respondent and must only be proceeded with the inquiry after providing such Respondent five weeks to respond to any complaints and/or allegations made against them. It was brought to the attention of the Executive Board that the Chairman of the Ethics Committee by his electronic mail dated September 17, 2024 had afforded the General Secretary time till October 14, 2024 to submit his response to the complaints. The following is an extract of the said communication,
“The Committee is of the view that as next week will be a very short one and with the Presidential Election around the corner, your lawyers might be otherwise busy. Therefore, we have considered granting you a further time of 10 days to submit your response.
We would like to inform you that in connection with the findings and opinions expressed by the Ministerial Select Committee which was also forwarded to us to inquire into, the Committee took a considered decision not to inquire into the same as it had already been concluded by an independent body”.
It appears from the said letter dated September 4, 2024 of the Ethics Committee sent to Mr. Suresh Subramaniam that even before granting the Respondent, Mr. Maxwell de Silva time till October 14, 2024 by electronic mail dated September 14, 2024, even within the 5 weeks’ time for filing Objection/Answer and within 14 days from the complaint dated August 21, 2024, the Ethics Committee had purportedly come to conclusion ex parte without providing Mr. de Silva an opportunity to present his case, acting contrary the principles of natural justice. Needless to say that any such finding is in breach of rules of natural justice and is void.
Further, the TOR specifies that any findings should be fully detailed and submitted within a month following the conclusion of an investigation and/or inquiry. The Executive Board , recognising the lack of clarity and evidence regarding the Ethics Committee purported letter, has requested further clarifications from the Ethics Committee to better understand their decision-making process and their authority, as it presently stands the actions of the EC seems to be tainted with illegality, bias, and malice. The Executive Board has also written to the Ethics Committee to inquire about the authenticity of the purported Report of Ministerial Committee upon which the Ethics Committee had arrived at its conclusions as such a Report by the Director General of Sports has not been made available to the NOCSL nor is it found in the public domain.
We deeply regret the malicious attempts by certain parties and individuals to discredit both the NOCSL and its Secretary General, Mr. Maxwell de Silva.
It must be highlighted that the NOCSL will continue to operate in accordance with its Constitution and respecting the IOC Charter. The inquiry in question appears to have been conducted by the Ethics Committee ex parte, without adherence to the fundamental principles of natural justice, including audi alteram partem (the right to be heard). Moreover, the 12 recommendations approved by the Hon. Minister of Sports upon the Ministerial Committee Report which was not made public and communicated to NOCSL by the Director General of Sports, do not contain any punitive measures but instead focus on constructive improvements to the system.
We kindly urge the media to avoid drawing premature conclusions that could unfairly tarnish the reputation and bring discredit of the NOCSL and its leadership. Further, we urge you to accurately present the facts regarding the situation that had transpired at the NOCSL to ensure that the public is informed with a clear and impartial account. We greatly appreciate your newspaper’s commitment to delivering balance and objective coverage with regard to the operations of the NOCSL.
The NOCSL remains steadfast in upholding the values of sportsmanship, integrity, and excellence, and we welcome constructive dialogue with all stakeholders as we pursue the truth.
Yours sincerely,
National Olympic Committee of Sri Lanka
October 11, 2024
| Sports Editor’s Note: | |
| The Sunday Times, in no way, wish to interfere nor have ever acted in any such way in its history, for a matter of fact, into administrative protocols of any sport governing body in Sri Lanka. Last week’s article titled “EC calls for immediate suspension of NOC Secretary General: Sports Ministry seeks AG’s opinion on best cause of action”, was a mere reflection of a matter within the National Olympic Committee of Sri Lanka, based on a ‘recommendation report’ by the Ethics Committee appointed by the National Olympic Committee of Sri Lanka itself. As the Ethics Committee recommendation states, it’s now up to the Attorney General to issue a suitable decision, which we are sure, the readers wouldbe keen to follow up.
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