• Ex-fly half gives ruling body time to respond
• Says will consider punitive action if response is negative

Sri Lanka Sevens rugby coach Fazil Marija says that he has given time for Sri Lanka Rugby (SLR), to withdraw and invalidate the findings of what he calls a purported finding of guilt against him as the coach of the Kandy Tuskers team arising from an inquiry.

He stated that if the SLR fails to respond positively to his written submission, he would contemplate punitive action against the sport’s local governing body, over what he deems to have caused him serious reputational injury, embarrassment, prejudice and unwarranted public stigma.

“I have given them (seven-days) in writing to respond to me,” Marija, one of the finest first-five eighths produced by this country, told The Daily Morning Sports. “If they fail to give me an opportunity to put forward my case, I will seriously consider further action.’”

Asked what further action he would contemplate, the former fly-half hinted it could be even legal action, as SLR’s recent actions against him have taken an adverse toll on his public image and professional standing, as a former player cum much-sought-after coach.

However, Marija confirmed that he will not abandon the national team who will be preparing to take part in the Asia Rugby Emirates Sevens Series second-leg in Colombo over the coming weekend.

He said anyhow further involvement with the SLR will afterwards depend on the latter’s response to his letter submitted early this month.

The incident referenced by Marija and his Kandy Tuskers coaching colleague Lasitha Attanagoda, is linked to an alleged incident that happened involving two players and an official of another team, during the second week match-day of the Next XV national selection competition.

According to Marija, both him and Attanagoda had been found guilty of the incident, without their knowledge, any inquiry or any findings.

In the letter Marija has stated that both him and his colleague were not named as respondents, notified of the allegations, summoned to attend any inquiry or given any opportunity to present their cases or challenge the evidence against them.

Following a physical altercation that had taken place off the field where the match between Kandy Tuskers and Galle Lions had taken place on 25 September, it was reported that the team official who was involved and the Tuskers player, who was later removed from the tournament had reached a settlement.

Subsequently the incident had been reported with names highlighted of the involved player of Tuskers and the official of the Galle Lions.

On 30 September, SLR issued a press release announcing the decision of its Disciplinary Committee to the incident with the latter imposing a fine of 20 percent on Marija and Attanagoda, from their respective Next XV contract fees.

The SLR stated that both Marija and Attanagoda had failed in their duty of care, including by failing to report the incident through the proper chain of command and for attempting to trivialise the abuse by asking the parties concerned to settle the matter.

However, Marija in his letter to the SLR has stated that such conduct on the part of the governing body, constitutes a flagrant and indefensible violation of the principles of natural justice and procedural fairness.

He has emphasised that the principle of audi alteram partem, namely that no person shall be condemned and unheard, is one of the most fundamental requirements of any disciplinary, quasi-judicial, or adjudicatory process.

“No tribunal, committee, association, or disciplinary body, can legitimately deem the culpability of persons, who have not been made a party to the proceedings and who have not been afforded a reasonable opportunity to answer the allegations levelled against them,” the letter sent by Marija further states.