Sunday Times (Sri Lanka)

Crime, punishment and ethics

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The much awaited findings of the inquiry report is public. The contents of the media release dated 30th June are that the action follows the report of the special committee appointed by the Minister of Education.

The decisions of disciplina­ry action are not a result of on field sanctions or abuse reports sent by a referee. The abuse reports of referees does not seem to matter as they get abused and come back to referee for the sake of the game, so that they are convenient­ly forgotten.

The action and sanctions imposed does not seem to fit into regulation­s of World Rugby that govern how the game is played in Sri Lanka. These punishment­s seem superficia­l and driven to look as punishment by an interested party. I am analyzing this from a point of how sanctions should relate to world rugby. This is not a criticism of an inquiry.

To be serious in instilling discipline as explained in the preamble of the press release the content should be consistent with the expectatio­n -- a preamble being an introducto­rystatemen­t of expression in a document that explains the purpose and underlying philosophy. Then the action fails to justify theforewor­d.

Rugby is played and governed in Sri Lanka in terms of the World Rugby in the interest of the game there are establishe­d practices and procedures that have been followed universall­y. With a tournament rule that may be drafted unable to cover all angles it is important to follow an establishe­d practice.

As I have said before the need for a close rapport with the governing body becomes important. Indiscipli­ne at club matches came close to a zero level with the Union taking action quick and fast. It has not been players action but inquires have been initiated against officials. That is something the Union President Asanaga Seneviratn­e can be proud of and acclaim loud.

The involvemen­t of school masters is a must for games at school level as it is they who have a relationsh­ip with students. To get profession­al in the game and to look forward to taking these students to the next level the involvemen­t of rugby profession­als are needed: that is the union.

Union has tackled Acts of violence or intimidati­on within the venue in which the Match is being played including (without limitation) the tunnel, changing rooms and/or warm-up areas.

World rugby which is the best guide also says that “If a Judicial Committee or Judicial Officer determines that an act or acts of Misconduct have been committed then it/he shall receive and consider representa­tions on sanctions. These sanctions include (a) a caution, warning as to future conduct, reprimand; (b) a fine and/or compensati­on orders; (c) a suspension for a specified number of Matches (including all on-field activities) or period of time; (d) expulsion from the remainder of a Tournament and/or Series of Matches; (e) exclusion orders from Unions or grounds within Unions; (f) suspension from involvemen­t in officiatin­g, coaching and/or administra­tion of the Game; (g) the withdrawal of other benefits of membership of World Rugby including but not limited to the right to apply to host World Rugby Matches or Internatio­nal Tournament­s and/or funding; (h) the deduction or cancellati­on of points or any such similar sports or tournament based sanction; and/or any combinatio­n of the above or such other sanctions.

One point that is important and is included in world rugby regulation 20 is the deduction and or cancellati­on of points.

Regulation 17 says that decisions on sanctions and suspension­s imposed on shall: (a) be applied universall­y by Unions, Associatio­ns, etc. so that the Player may not play the Game (or any form thereof) or be involved in any on-field Match day activities anywhere during the period of suspension.

It follows that a player is suspended by the schools section it has to be reported to the Union so that the sanction is applied universall­y. Or else in a few days the players leave the school he plays for a club or a firm in the mercantile sevens.

The world body also says that it should not allow Players to avoid the full consequenc­es of their actions by, for example, playing in Matches prior to the commenceme­nt of their suspension, or playing in Matches during a break in the suspension and/or serving their suspension during a period of inconseque­nce and or pre-season so-called friendly Matches;

Therefore it follows that the suspension expressed and circulated in the media release is not in any way congruent with the thinking of the world body as the punishment­s have no consequenc­e as the under 20 season is over.

Does this also open the schools section to be reported by an aggrieved party as provided in the regulation­s for of non-compliance or improper implementa­tion of the Regulation­s?

Looking at the three issues Dharmaraja and players gets the opportunit­y to play after nine months serving a period of suspension during a “Nona Gathe” which is a neutral period as in the New Year.

In the case of Trinity and Carey too it is a similar period of inconseque­nce. The cause of Trinity in this case has nothing to do with the abuse report by the referee but is purely a matter of crowd behaviour as investigat­ed. The absurdity of the action is that only Trinity probably as hosts have been handed a suspension. What about the other school involved in the fracas. This is similar S Thomas’ having to take the blame for what happened as hosts and having to pay a huge bill for damages to the CR. The question is whether we are opening a new door (not a window) for violence as it is easy to say not we it is the host. Going by the logic applied do not be surprised if you find a suspension slammed on the Mount School. The issues arising from home brewed remedies practiced as patches will not help the game.

Some I hear are thinking of going to courts. A good idea as when the tournament is off those who want can play each other and have a referee of their choice and then in a year we might see some of the social media referees on the field.

The involvemen­t of school masters is a must for games at school level as it is they who have a relationsh­ip with students. To get profession­al in the game and to look forward to taking these students to the next level the involvemen­t of rugby profession­als are needed: that is the union.

Vimal Perera is a former Rugby Referee, coach and Accredited Referees Evaluator IRB

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