‘NOCSL could face greater repercussions’ – Legal expert
In a damning report, the legal consultant to the National Olympic Committee of Sri Lanka (NOCSL) has opined that the NOC’s ‘Executive Board (EB) has no power and/or authority to set aside and/or overrule the findings and/or conclusions of the Ethics Committee, as the EB is not vested with the Appellate Powers concerning the decisions/determinations made by the Ethics Committee.
The opinion was expressed by Dilshan Jayasuriya, Attorney-at-Law at the request of NOCSL chief Suresh Subramaniam, who sought advice as to the communications sent by (International Olympic Committee (IOC) and Olympic Council of Asia (OCA) pertaining to the failure of the EB to implement the recommendations of the Ethics Committee.
The Ethics Committee urged the immediate suspension of Secretary General Maxwell de Silva pending further investigations by law enforcement officers. 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.
The investigation focused on allegations of financial misconduct involving de Silva and former NOCSL President Hemasiri Fernando related to the 2016 Rio Olympics.
The report also covered 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.
Following the Ethics Committee report, the IOC and OCA requested
NOC to act on the recommendations of the NOCSL Ethics Committee (EC) aimed at protecting the integrity of the Olympic movement.
“However, a complete failure and/or refusal by the EB to give due consideration to the findings/conclusions of the Ethics Committee might result in serious adverse consequences for the NOCSL, as both organisations have reserved the right to take action against the NOCSL in the event of such failure and/or refusal,” Mr. Jayasuriya warned in his eight-page letter.
All NOCs across the world should comply with the principles of the Olympic Movement and its Code of Ethics and therefore it’s obligatory to set up an independent Ethics Committee.
“Acting in accordance with the NOCSL Constitution, the EB appointed an Ethics Committee under the chairmanship of Dr. Harsha Cabraal PC. However, on a difference of opinion regarding the manner in which the said Ethics Committee functioned, by way of letter dated March 7, 2024, the NOCSL unceremoniously terminated the said Ethics Committee without even considering the impact such an act could have on the reputation and/or dignity of the professionals who constituted the said Ethics Committee which was chaired by an eminent President’s Counsel. In my view, the NOCSL should have exercised more caution and tact in resolving the differences of opinion that arose with the said Ethics Committee, taking into consideration the professional reputation, social standing and dignity of the members who comprised the said Ethics Committee.
“I am further of the view that terminating the Ethics Committee in the middle of an inquiry into certain complaints can create serious doubts in the minds of stakeholders as well as outsiders regarding the possible motives and/or objectives behind such a termination and its intended objectives and/or motives. Such action could well be interpreted as being intended to stifle and/or sabotage the on-going and/or pending inquiries,” the report reads.
He also opined that the EB should accept or adapt the recommendation of the EB as it’s the norm unless there are compelling reasons to not do so.
“In my view, what happened with the previous Ethics Committee should never happen again, as it would cast serious doubts in the minds of the members of the NOCSL and the general public about the motives and objectives of the EB of the NOCSL. Such an action on the part of the EB would only result in a serious erosion of the trust and confidence placed in the EB by the general membership of the NOCSL as well as the general public,” it reads.
He warned that in the event of ignoring the recommendations of the Ethics Committee, without adducing valid reason, NOCSL would attract the wrath of the IOC and OCA.