Former Sri Lanka player and A team Coach Avishka Gunawardene has demanded for the information under the RTI act, after being charged by International Cricket Council (ICC) on May 9.
In a media statement on Wednesday, Avishka’s lawyer has asked for following informations, by naming receiptents to the secretary of Sri Lanka Cricket Board (SLC) and secretary of Sports Ministry.
“To
1. Secretary, Sri Lanka Cricket Board (SLC).
2. Secretary, Sports Ministry.
Dear Sir;
DEMAND FOR INFORMATION UNDER RIGHT TO INFORMATION LAW
ACT NO.12 OF 2016 READ WITH ARTICLE 14A OF CONSTITUTION
I write on the instructions of my clients, Mr. Avishka Gunawardana and Mr. Nuwan Zoysa, both of whom have retained the services of the Chambers of Mr. Chrishmal Warnasuriya, of Counsel, on a matter relating to purported charges levelled against them by the International Cricket Council (ICC) acting as an alleged “agent” of the Emirates Cricket Board (ECB); of which both of you are already aware of and have been placed on notice on several previous occasions. As you are also aware by now, based on these purported charges, which our clients maintain are nothing but flimsy allegations without any merit, they have been subjected to public humiliation inter alia by the ICC and the SLC has proceeded to initiate disciplinary action against them, without even a preliminary hearing; all of which are presently the subject of challenges, in law, for want of basic jurisdiction, absence of proper procedure as indeed the substance of the purported charges themselves which are contested as baseless and malicious.
Please note this is without any prejudice whatsoever to our client’s legal rights, under the SLC/ICC/ECB Rules and/or in Law. The following information is demanded under section 24 of the Right to Information Act read together with the (amended) Article 14A of the Constitution of the Republic and is required immediately inter alia to facilitate the aforesaid legal actions and therefore without delay, as per Section 25(3) of the Act; a failure of which will immediately prompt further legal action against you and/or others to compel and provide same:
1. Particulars of information sought – Please clarify the following information at the earliest regarding a T10 Cricket League held in Sharjah from 14th to 17th December 2017, organized by an individual named Shaji Ul Mulk (with or without the involvement of the ECB):
a. What agreements (if any) existed between SLC and the ECB regarding the above T10 Cricket League held in Sharjah from 14th to 17th December 2017, organized by an individual named Shaji Ul Mulk?
b. What agreements (if any) existed between Indian nationals named Vijay Vyas and Kashif Shahzad and the SLC and/or the ECB regarding the “ownership of Team-Sri Lanka”, which they have claimed publicly to have paid SLC an amount of monies for the above T10 Cricket League?
c. Were the team members / coaches aware of any such agreements / understandings by SLC with the ECB and/or any such other person and/or entity?
d. What sanctity and/or authorization did the ECB and/or the said Shaji Ul Mulk have with the ICC that SLC was aware of, before sending our players/coaches to participate in this tournament?
e. What agreements were SLC and/or the players / coaches aware of, that the ICC had been contracted as an “agent of the ECB” to ensure compliance with the ECB Anti-Corruption Code?
f. How much monies were generated by SLC for sending this “Team Sri Lanka” to participate at this tournament and how much were the players / coaches paid for such participation?
g. Who were the selectors of “Team Sri Lanka” that participated at this tournament and was it sanctioned and/or approved by the Hon. Minister of Sports prior to sending?
h. How did the ECB permit such a tournament to be played with all Sri Lankan nationals in one team called “Team Sri Lanka” where there is a requirement for a minimum of 04 players to be domestic?
2. Documents demanded – Please return duly certified copies of the following documents at the earliest (subject to the payment of any charges, which we will personally attend to upon intimation) regarding a T10 Cricket League held in Sharjah from 14th to 17th December 2017, organized by an individual named Shaji Ul Mulk (with or without the involvement of the ECB):
a. Documents/Contracts entered into between SLC and ECB regarding this T10 Cricket League held in Sharjah from 14th to 17th December 2017;
b. Documents/Contracts between players/coaches and ECB and/or ICC (as ECB Agent);
c. Any Document/Agreement binding Sri Lankan players / coaches to the ECB Rules and/or its ACC and/or the ICC ACC for this T10 Cricket League;
d. Documents confirming the Hon. Minister of Sports ratification and/or approval of the SLC team sent for this tournament and their selection process by National Cricket Selectors?
e. All Documents/Contracts requesting official representation of SLC in this tournament and monies pledged as payments for same;
f. All payment receipts / invoices of monies paid to players / coaches and/or officials for “Team Sri Lanka” that participated at this tournament;
g. All documents showing that this T10 Cricket League was part of the ‘Future Tour Programmes’ of SLC
Please be expressly informed that the above information is rightfully due and owing to my said clients in law as citizens of this Republic and do not fall within the ambit of restrictions stipulated at Section 5 of the Act. You may ask us to collect this information personally and/or post them under recorded cover at your earliest, in any event no later than the stipulated time limit under law.
Yours faithfully,
(Signature)
Cc: 1. Hon. Minister of Sports et al
2. President, SLC
3. Media (in the public interest)
Earlier in the month, the ICC, on behalf of the Emirates Cricket Board (ECB), charged Nuwan Zoysa for breaching four counts of the ECB Anti-Corruption Code for Participants for the T10 League (the ‘Code’) and Avishka Gunawardene for two counts.
The charges relate to the T10 Cricket League played in the UAE in December 2017.
The ICC was appointed by the ECB as the Designated Anti-Corruption Official for the purposes of the ECB’s Code for this tournament and as such are issuing these charges on the ECB’s behalf.
The charges follow a recent amnesty to participants who had previously failed to report any information concerning corrupt conduct in Sri Lankan cricket.
