The Sunday Times publishes this article in response to the article in the Sunday Times of November 4, titled, ‘We will have our own Anti-Corruption Laws soon’, by SLC’s CEO. When asked for his views, retired Senior Superintendent of Police and former Head of SLC’s ACU, explained it thus. “Sri Lanka (SL) may not require [...]

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We do have anti-corruption Laws in place in Sri Lanka

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The Sunday Times publishes this article in response to the article in the Sunday Times of November 4, titled, ‘We will have our own Anti-Corruption Laws soon’, by SLC’s CEO.

When asked for his views, retired Senior Superintendent of Police and former Head of SLC’s ACU, explained it thus.

“Sri Lanka (SL) may not require such a ‘high powered’ Code for Anti-Corruption in Cricket, due to the fact that the Ministry of Sports (MoS) itself has initiated a fully-fledged Anti-Corruption Act, covering all Sports (64) registered with the MoS, including Cricket.”

Lakshman de Silva, stressing a point - File pic

“Most of the offences proposed in this ‘Sports Anti-Corruption Act’, are declared criminal, which implies that the Police could intervene directly, whilst the violations are tried by the highest court in the country, the High Courts, with empowerment to impose heavy fines and jail sentences.”

“The SLC Anti-Corruption code is very much based on the ICC’s Anti-Corruption Code, with some inclusions concerning SL’s constraints. This code was revised twice during my 5-year tenure, as customary, to correspond with the amendments to the ICC’s Anti-Corruption Code.The SLC is expected to apprise, if necessary, the ICC-ACU, of its investigations and also to seek assistance from the ICC-ACU, which they would readily offer. As a result of this trustworthy interaction we had in the past, alarming exposures have surfaced recently.”

“The current AC Code of the SLC could be adequate to control corruption within Cricket, provided it is implemented ‘strictly and appropriately’. It has all the ingredients to prevent, investigate and punish wrongdoers, while accessibility to the most fundamental feature therein, the ‘Awareness and Educational’ programmes.”

“This allows the SLC to communicate to the ‘Players and Player Support Personnel’, the norm that ‘illicit wealth is secondary to the honour of serving the country and preserving throughout, the confidentiality of the public (fans)’. The ICC-ACU will always anticipate assistance from the local AC bodies, provided there is a sound working atmosphere between the two parties, as what was maintained.”

“Most of the Asian countries have yet to  introduce criminal offences into their Cricket AC Codes. There too, Police intervention is only if a criminal offence is reported during an act of Cricket corruption. As SLC is a non-Government entity, such offences do not come under the Bribery Act either, but fortunately, it would be an offence under the proposed ‘Sports Anti Corruption Act’, of the MoS.”

“The initial discussion for the Sports Anti-Corruption Act initiated by the MoS, with Cabinet endorsement, way back in October 2013, was Chaired by Anura Jayawickrama, the then MoS Secretary. They were regularly assisted by a high powered committee comprising a former Inspector General of Police, the then SLC Secretary Nishantha Ranatunga and representatives from the Legal Draftsmen’s Dept and Attorneys-at-Law. I could proudly say that, at that time, the SLC was able to add ample material to formulate this Act and also represent personally, at several consultations with the Legal Draftsman, as it (SLC) was the sole authority into Sports AC activities in the country.”

“With the change of Administrators in the MoS, these discussions dragged on till 2017,when it suddenly ceased for reasons unknown, which should be looked into. However, it has surfaced again end 2018. The continuation is yet to be seen. This Act, I believe, is most adequate to control all the Sports in the country, including Cricket, to be free of corruption. ‘Fixing’ is not confined purely to Cricket, but also to most sports competitions worldwide.”

To elaborate that, the SLC proposed the Cricket AC Act will also require, probably, a time consuming tedious procedure and finally, a Cabinet approval. Now that a wide ranged ‘Sports Anti-Corruption’ Act is in the pipeline, the Sports Minister himself will have to determine if another similar act to an individual sports body is essential.”

“I must also stress that, how much Legal restrictions are existing, in the event of a breakdown in ‘Administration and Discipline’, corrupt seeds will nurture. Finally, as an example, I am also of the view that, real perpetrators responsible in the local match-fixing incident occurred last year in the Panadura and Kalutara Clubs, would have been exposed and dealt firmly with, if the said MoS AC Act was in force.”

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