Tuesday Dec 24, 2024
Tuesday Dec 24, 2024
Friday, 26 June 2020 00:00 - - {{hitsCtrl.values.hits}}
By Nishan Premathiratne
I am confused under what legal provision, the Sri Lankan investigators, including law enforcement is conducting investigations in respect of an alleged match fixing charge, when the alleged offense is to have allegedly transpired or is suspected to have been in a World Cup game in 2011.
The Sri Lankan law in respect to corruption in sport came into effect in November 2019. For an offense to arise in terms of this law, such offense should be committed after the date of enactment of the law.
This law can’t be implemented in a manner or have retrospective effect.
In the past we have seen players and officials being summoned to the FCID in respect of alleged match fixing instances in or around 2015, when there were no laws in Sri Lanka in respect of corruption in sport.
However such summoning of players and officials, even as witness to the FCID, ended up being quite unwarranted and damaging. However the ICC conducted their own, independent investigations discreetly, in respect of such matters and found in most instances didn’t find anything material to hold anyone accountable.
Sadly however, significant damage was done to personnel who were summoned to the FCID. Even in India there were no laws in respect of corruption, in respect of sport, to have any effect in respect of this allegation in 2011. Seemingly the case is such that there are no anti-corruption laws in respect of sport even at this this date
in India.
Thus, strictly speaking the local law enforcement in India too cannot go into any investigation into this alleged game played in India in 2011. It is best that the Sri Lankan investigators leave all matters to the ICC Anticorruption to investigate into this matter and conduct its own investigation, discreetly.
It is best, in the interest of all parties and the Sri Lankan investigators who are not empowered in terms of the law, in respect of this allegation, to not embark on this matter. This issue needs to rest in Sri Lanka until the ICC gives their
final verdict.
Summoning other parties before investigators and law enforcement agents in Sri Lanka are, would only bring further unnecessary media coverage to this matter, which has already caused much public concern in Sri Lanka and
in India.
The writer is an Attorney-at-Law and the International Chamber of Commerce (YAF) Sri Lankan Representative
