Asia Rugby issues statement on Rizly Illyas – SLR President case

Asia Rugby President Qais Al Dhalai

Sri Lanka Rugby President Rizly Ilyas

By Shamseer Jaleel

In June 2022, Asia Rugby initiated an investigation of a breach of the Asia Rugby (AR) Code of Conduct Policy against the President of the suspended Sri Lanka Rugby, Rizly Illyas.

The investigation was initiated following a series of false public statements about, and personal threats towards AR President Qais Al Dhalai.

After an extended period of investigation and multiple attempts to hold juridical hearings that were adjourned due to Illyas’ unavailability, the appointed Judicial Officer, following due process and giving ample time for Illyas and his legal team to present his case, found him in breach of various articles of the Asia Rugby Code of Conduct Policy specifically pertaining to “bringing Asia Rugby and the game into disrepute through his actions and statements.” He was also found to be in breach of articles relating to “unprofessional behaviour and harassment.”

His behaviour, which is against the values of integrity, respect and discipline prompted the Judicial Officer to recommend that Illyas be expelled from Asia Rugby as an Asia Rugby Council Member and from any Asia Rugby Committee position that he may hold, with immediate effect. The expulsion will be served until the end of the current Asia Rugby Council term which ends with the Annual General Meeting at the end of the year 2024.

Illyas was given the right to appeal as per the Asia Rugby Code of Conduct Policy and he has done so. Asia Rugby is in the process of appointing an Appeal Committee that shall adjudicate the case as soon as reasonably practicable. The Appeal Committee will consist of three members that are not members of the Asia Rugby Executive Committee. The decision of the Appeal Committee, which is final and binding shall, as soon as reasonably practicable, after the conclusion of the appeal, be notified in writing to the appellant and other relevant parties.

Sri Lanka Rugby President Rizly Ilyas replies to the Media release by Asia Rugby

I am the current President of Sri Lanka Rugby. It is with great displeasure writing to complain about the absolutely biased and illegal procedure adopted by AR in conducting the inquiry/investigation and the Adjudication against myself, and the subsequent suspension imposed by the Asia Rugby.  

First and foremost, I would like to point out that I do not solicit or wish to disrupt any inquiry/investigation or an adjudication which is done following the due procedure and according to the principles of natural justice. I believe that every member of a union/club whether he is an office bearer or an ordinary member should have the right to defend himself in a fair and unbiased hearing.

I would like to summarise and table a complaint on the following six grounds.

1. No man should be a judge in his own cause – “Nemo Judex in re sua” - The complainant is in breach of the “conflict of interest” policy of the Asia Rugby and had participated in the EXCO meetings which approved the investigation and the membership suspension of me. (Article 4 Code of Conduct Asia Rugby)

2. No complaint was lodged against me and therefore the whole procedure is ultra vires. i.e., the complaint was never given to me or shown at any point of time. This was even so after repeated requests made by his legal team.

3. No opportunity was given to me or to show cause to the alleged charges which is a violation of the natural justice principles.

4. The appointing authority of the investigator, who submitted the material report which the adjudication against me was based on and the person who supervises the said investigation and also the Adjudicator of the disciplinary inquiry/hearing against me is one and the same.

5. No fair hearing was given as the key documents were never provided even after repeated requests of the same by my legal team.

6. The Adjudicator failed to make a ruling on the request made by me to obtain access to the essential documents which were in the custody of Asia Rugby. The decision of the Adjudicator was given at a time when Asia Rugby itself had referred the matter in respect of handing over the documents to the Adjudicator for a ruling.

I would like to point out that Asia Rugby is the main regional body which overlooks all the 35 member countries who play Rugby Football. And they, as the regional body who is responsible for the upbringing of the Rugby Football sport, should act impartially and conduct any inquiry according to the principles of natural justice.

This sort of absolute violation of a member’s fundamental right to defend himself before an impartial and unbiased panel should not be tolerated. Therefore, I would like to point out that the above-mentioned matters are very serious in nature and warrants an immediate investigation by the Sri Lanka Ruby.

On several occasions during the past month, I had requested the proceedings of the Adjudication hearing but up to date the Adjudicator had failed to provide me a copy of the same. I have already lodged an appeal before the Asia Rugby against the decision given by the Adjudicator and the Appeal is pending before the Appeal Tribunal. I am ready and willing to fully cooperate in any manner possible if Sri Lanka Rugby calls for or wants me to submit any additional documentation.

According to reliable sources, three members who are not part of Asia Rugby but with World Rugby will form the Appeal Board who will hear the case shortly, verdict will be given on this case.