Hockey: The Megat suspension looked at factually

Dato Seri Megat D. Shariman suspended 18 months.

That was the message being spread on social media.

One glance and I ignored it, that was how I saw it.

His fate had been sealed right from the time he decided to enter the election fray , ironically last year , almost to the exact date of closing of nominations.

“ He deserves it””

“. It was done by following procedures”

“ Injustice”

“ A raw deal.”

“ He had it coming.””

“A fix up”

These were some of the reaction received last night.

Ironically a brief SMS from DS Megat had only this to say:

“ My battery down to 5% , will call back later.@

But as I go for dialysis at an earthly hour of 4.30am , I politely declined.

And that call never took place as DS Megat has a press conference and the release was forwarded to me around 6pm.

Now let’s start asking pertinent question on this who saga itself, taking it one step at a time.

1. Was DS Megat suspended for 18 months or more? This is due to the fact that he was provisionally suspended in September until a decision was made. Effectively he is therefore serving a suspension of 20 months and no remission was granted for 2 months already served.

2. The Malaysian Hockey League final whistle was blown on February 22 and in line with the FIH regulations as stated in Appendix 12 of the FIH Tournament Regulations – “ Applicability Period – For the purpose isn this code of conduct , this is defined as a period of three months …….. So a three month period means February 22 to May 22,

3. DS Megat wrote two letters to the national body on April 15 and May 27, inquiring on the statues of the prize money his club had won but received no response.

4. It was only in the second letter that he threatened to write to the sponsors and he duly did so on June 1, both after the legal effective dates of the Code of Conduct expiry.

5. It must be stated that in the absence of anything in writing with regards to the duration of the Code if Conduct the international body limitation takes precedence.

6. From the letters written to the sponsors, only one reacted.

7. DS Megat was then issued a show cause letter after the mid June Executive Board meeting which he duly replied.

Now we pause for a while to reflect on certain matters.

Sponsors letters issues after legal date of effectiveness of code of conduct and as such that Clause 6 no longer effective.

And who referred him to the Disciplinary Board?

Rightfully it should be the Competitions Committee putting up a report to the Executive Board it the Technical Committee hauling DS Megat for a hearing.

So procedure wise there is already a flaw.

Now let’s move to the next phase,

1. DS Megat was issued a show cause letter on August 14 which he replied to.

2. He was then issued a motive to appear before the Disciplinary Board on 7th September with the date of hearing as stated on 19th September.

3. He appeared for the hearing and as he claims his legal team was prevented for asking questions.

4. It must be clarified here that DS Megat was in the Sept 7 letter imposed with a suspension pending the hearing by the Disciplinary Board, which now raises the point, when was his 18 month suspension period starts?

5. this could and should be asked by those reporting on this matter.

Now with regards to legal recourse by DS Megat and taking the matter to the Court of Arbitration for Sports based in Lausanne

Firstly DS Megat needs to exhaust his appeal process as stated in the constitution

Once the appeal, if dismissed , DS Megat could refer the matter to Olympic Council of Malaysia or the Sports Commissioners Officer for Arbitration or Mediation.

After which he could opt for a judicial intervention, to seek an injunction to set aside the suspension

The last resort being filing a case at CAS which could be a Long and tedious process costing around RM259,000.

Hence the options are open to DS Megat to choose from.

Will he succeed or not will depend on the facts of the case and nothing else,

As for his presidency at KL Hockey Association, an EGM must be called to appoint a new president .

And since the AGM is due in February and the tenure of the present committee expires, perhaps an early date of AGM could be set so as not to impact the sport in the city.

After all it’s public knowledge that DS Megat has personally funded the operations of KLHA since taking office in June 2019.

Let’s get the pop corn out, lay back and watch as this drama proceeds.

There should only be facts placed out there to determine right and wrong.

A simple hand shake solves lots of unwarranted issues.

That is if sports matter.