Lanka Cricket says shocked by ICC decision to withhold its dues

Sri Lanka’s cricket board, Sri Lanka Cricket (SLC) yesterday expressed shock over the International Cricket Council’s decision to withhold the funds it owes to the cricket board as a measure of punishment for appointing an interim committee to run the cricket board.
In a letter addressed to the CEO of International Cricket Council (ICC) CEO of SLC Ashley de Silva said the SLC was “shocked by the purported decision said to have been suddenly taken to “withhold” monies which are now lawfully due and payable by ICC to SLC by way of the Financial Distributions for the T20 World Cup 2014 and the World Cup 2015”.
He said the ICC’s sudden decision to “withhold” the monies which are legitimately due to SLC for past Events, is in breach of the Agreements between SLC and ICC and is without lawful authority and urged the ICC to release the monies without delay.
De Silva commenting on the ICC action to seek an explanation from the Sports Minister for appointing an interim committee said the ICC’s recent actions would gravely disrupt cricket in Sri Lanka.
He urged the ICC to urgently obtain whatever information that it requires so that SLC can continue with its program for cricket in Sri Lanka.
Following is the full text of the SLC’s letter to ICC:

 
Mr. David Richardson,
Chief Executive,
International Cricket Council, UAE
Dear Sir,
Re: ICC Media Release
We write with reference to the above Media Release issued by the ICC following the Board Meeting held on 16 April 2015.
Sri Lanka Cricket [“SLC”] is most surprised by the purported decisions which are said to have been suddenly taken at the ICC Board Meeting held on 16 April 2015 despite:

 
(i) the ICC having being informed by SLC’s letter dated 2 April 2015 of the background to the appointment of an Interim Committee pending the holding of Elections and ICC not having sought any further information or clarification from SLC or even communicating with SLC during the two weeks that preceded the Board Meeting;

 
(ii) ICC inviting a representative of SLC to participate in the Board Meeting and upon being advised that Mr. Nuski Mohmed, who is a Member of the Interim Committee, will represent SLC, ICC accepting such nomination;

 
(iii) ICC publishing the List of Full Members and their representatives who will attend the Board Meeting, which List included Mr. Nuski Mohamed as the representative of SLC;

 
(iv) ICC issuing to Mr. Sidath Wettimuny, the President of the Interim Committee, the confidential Board Papers and other Documents to enable SLC to participate in the Board Meeting;

 
(v) SLC not having being given any intimation whatsoever prior to the Board Meeting, of any matter being looked into by the Governance Committee or ICC;

 
(v) no such matter being listed on the Agenda of the Board Meeting.

 
SLC is also shocked by the purported decision said to have been suddenly taken to “withhold” monies which are now lawfully due and payable by ICC to SLC by way of the Financial Distributions for the T20 World Cup 2014 and the World Cup 2015.
We would point out that these are monies which were due and payable by ICC to SLC from long prior to the appointment of the Interim Committee. Further, these are monies which are payable by ICC to SLC, irrespective of the body which is managing SLC for the time being.
SLC regrets to state that, the purported sudden decision to “withhold” these monies which are legitimately due to SLC for past Events, is in breach of the Agreements between SLC and ICC and is without lawful authority and SLC urges ICC to release these monies without delay. SLC reminds ICC that these monies are lawfully due and payable to SLC and that the arbitrary and unlawful withholding of these monies will cause grave damage to Cricket in Sri Lanka.

 

 
SLC notes from the Media Release that, ICC intends to write to the Minister of Sports of the Government of Sri Lanka to seek an explanation of the reasons why the appointment of an Interim Committee was necessary pending the holding of Elections. However, SLC has been advised that, up to now, the Ministry of Sports has not received any communication from ICC.
As ICC’s recent actions would gravely disrupt Cricket in Sri Lanka, SLC urges ICC to urgently obtain whatever information that may be required by ICC so that, SLC can continue with its programs for cricket in Sri Lanka.
SLC also notes that ICC’s media release alleges that the Minister of Sports of the Government of Sri Lanka has suggested that ICC is “colluding” with former officials of SLC. We have inquired regarding this and have been informed that, the Minister of Sports has not made an accusation of such nature with regard to the ICC and that the Minister of Sports regrets that ICC did not take the precaution of verifying the accuracy of any media comments to such effect before ICC issued this Media Release. Further, Mr. Nuski Mohamed, who was the duly authorised representative of SLC at the ICC Board Meeting has advised SLC that, the following paragraph in ICC’s Media Release is misleading with regard to the events that actually transpired at the Board Meeting:

 

 
“Notwithstanding the Board’s decision, Mr. Nuski Mohamed – a nominee of the Interim Committee – was given the opportunity to provide information about the status of the Interim Committee, following which he was invited to attend the ICC Board Meeting as an Observer on behalf of the interests of cricket in Sri Lanka. Unfortunately, Mr. Mohamed declined to attend the meeting on these terms and as a result there was no representative from Sri Lanka at the meeting.”
Mr. Mohamed has advised SLC that the factual position is that, on 14 April, he met with Mr. Ian Higgins, General Counsel and Company Secretary at the request of Mr. N. Srinivasan, Chairman ICC and discussed, in detail, matters in relation to the status of the Interim Committee of SLC and also handed over some relevant Documents. Mr. Mohamed also referred to the aforesaid letter dated 2 April 2015 sent by SLC to ICC. Thereafter, Mr. Mohamed was not contacted by any person with regard to the SLC participating at the Board Meeting.

 

 
Mr. Mohamed attended the Board Meeting of the ICC on the morning of the 16th as the duly authorised representative of SLC, which is a Full Member of ICC, and his attendance was recorded in that capacity. He was requested to sign the ICC Code of Ethics, a copy of which was handed over to him prior to the commencement of the Meeting. The Chairman, Mr. N. Srinivasan called the Board Meeting to order and welcomed the delegates. He then stated that Mr. Nuski Mohamed is present at the Board Meeting from SLC and the Chairman stated that Mr. Mohamed should be given “Observer” status since there were issues on Governance to be discussed at this Board Meeting in relation to the SLC. Mr. Mohamed objected to the Chairman’s position and stated that he was the legitimate representative of SLC as a Full Member and has been mandated to represent SLC at the Board Meeting and that he could not compromise the position of SLC by accepting the position of an “Observer”. Mr. Mohamed then requested the Chairman to first take up any issues on Governance, if he so wished. The Chairman then requested Mr. Mohamed to leave the Meeting Room for a short while in order to discuss the matter with the other Members of the Board.

 

 
Following this discussion, a delegation headed by Mr. Giles Clarke and comprising the Chairman Governance Committee, Mr. Nazmul Hassen, Mr. Imran Khawaja – Member Governance Committee and Mr. lain Higgins met Mr. Mohamed and requested him to participate in the Meeting as an “Observer”. Mr. Mohamed declined to accept the status of an “Observer” and reiterated that, SLC was a Full Member of ICC and was entitled to participate in Meeting as a Full Member and stated that, SLC would not participate as an “Observer”.
Mr. Mohamed also emphasised the fact that, he received no prior intimation to attend the Board Meeting as an “Observer” and he was always made to understand that he was the duly authorised Delegate as evidenced by the correspondence exchanged with the ICC. In this connection, SLC also notes that, the Articles of Association of ICC do not appear to provide for a Full Member to participate in a Meeting as an “Observer”.
SLC has set out the above facts for the purposes of record.
Since the public of Sri Lanka and the media have made several inquiries from SLC with regard to ICC’S media release, SLC intends to release this letter to the Media for the purpose of clarification. SLC trusts that, ICC will ensure that the current issue is resolved amicably and expeditiously to the satisfaction of all parties, keeping in mind the excellent relationship between SLC and ICC which has spanned decades.

 

Yours faithfully,
Sri Lanka Cricket
Ashley de Silva
Chief Executive Officer
CC: Mr. N. Srinivasan – Chairman ICC
All ICC Board Directors
All IC members of SLC