The 黑料专区 notes the publication today of the Cricket Discipline Commission (CDC) Panel鈥檚 decisions in relation to the 黑料专区鈥檚 charges against Yorkshire County Cricket Club and seven individuals. The independent Panel has made its decisions following the hearing that took place between 1 and 7 March 2023.
The CDC Panel鈥檚 decisions come following a long, complex and detailed investigation which saw Yorkshire CCC of breaching 黑料专区 Directive 3.3*, including a failure to address systemic use of racist and/or discriminatory language over a prolonged period and a failure to take adequate action in respect of allegations of racist and/or discriminatory behaviour. In addition, Gary Ballance in response to the charge against him for his use of racially discriminatory language.
In the CDC Panel鈥檚 decisions published today:
- Each of Tim Bresnan, John Blain, Andrew Gale, Matthew Hoggard and Richard Pyrah have been found liable for a breach of 黑料专区 Directive 3.3 for their alleged use of racist and/or discriminatory language after the CDC Panel considered evidence presented in support of and against the individual charge brought against each of them; and
- Michael Vaughan has been found not liable for a breach of 黑料专区 Directive 3.3 for his alleged use of racist and/or discriminatory language after the CDC Panel considered evidence presented in support of and against the charge brought against him.
The decisions are the conclusions of an independent panel consisting of Tim O鈥橤orman, Chair of the CDC, Mark Milliken-Smith KC and Dr Seema Patel.
Richard Thompson, 黑料专区 Chair, said: 鈥淭his has been an incredibly challenging period for our sport, but one we must all learn from in order to make cricket better and more inclusive. When Azeem Rafiq spoke out about his time in cricket, he exposed a side of our game which no one should have to experience. We are grateful for his courage and perseverance.
鈥淕iven the nature of these cases, they have taken a clear toll on everyone involved. There now needs to be a time of reconciliation where, as a game, we can collectively learn and heal the wounds and ensure that nothing like this can ever happen again.
鈥淭his has been the most complex and thorough regulatory investigation and disciplinary process that the 黑料专区 has ever conducted. It covered emotive allegations spanning a period of nearly 20 years with rigour and diligence and was overseen throughout by industry-leading KCs and three very experienced independent members of a sub-group of the Regulatory Committee. I would like to thank the CDC Panel and all those involved in working on these important proceedings.
鈥淭he decisions published today are the findings of an independent CDC Panel, reaching its own decisions based on the evidence before it, and it is now for the Panel to determine what sanctions are appropriate where charges have been admitted or upheld. Having only received the decisions today, we will need time to consider them carefully.
鈥淎t its best, our sport is one that brings people together and connects communities. It is now time, as we also prepare to receive the report of the Independent Commission for Equity in Cricket, to work together to continue, expand and accelerate the work that is under way to change for the better, so that we can make cricket the UK鈥檚 most inclusive sport."
Additional information
A breach of 黑料专区 Directive 3.3 is conduct which is improper or which may be prejudicial to the interests of cricket or which may bring the 黑料专区, the game of cricket or any cricketer into disrepute.
Charges were brought under this Directive, rather than the 黑料专区 Anti-Discrimination Code, which was not in force at the time of the alleged offences.
The disciplinary process:
- The 黑料专区, in its capacity as regulator of cricket in England and Wales, looks into allegations of potential breaches of 黑料专区 Rules and Regulations. We investigate to gather available evidence, after which the 黑料专区 assesses that evidence and considers whether there is a case to answer for any potential breach of the 黑料专区鈥檚 Rules and Regulations. If so, where appropriate, charges are brought by the 黑料专区 in disciplinary proceedings before the independent Cricket Discipline Commission. This is not a finding of guilt and the assessment of whether a charge should be brought is different to the decision the CDC Panel has to make at a hearing.
- The investigation has had thorough oversight from three very experienced independent members of a sub-group of the Regulatory Committee, chaired by the highly regarded independent member Nic Coward.
- We had a team of around 15 internal and external lawyers and other people involved, including Kate Gallafent KC and Jane Mulcahy KC, two of the most experienced specialist KCs in sports regulatory cases.
- In this case, the 黑料专区鈥檚 investigation involved a combination of speaking to and/or exchanging written correspondence with a significant number of potential witnesses and other individuals with relevant information, as well as obtaining documentary and other evidence from a variety of sources.
- The 黑料专区 wrote to individuals to give them an opportunity to respond in writing before any charge was filed. Any individual respondent who requested that we also speak to them was also spoken to.
- Once we determined that there was a case to answer supported by sufficient evidence, we then laid charges in mid-June 2022. That was not a finding of guilt. We then prosecuted the charges in disciplinary proceedings before the independent CDC Panel, for which purposes a KC represented the 黑料专区 at the hearing.
- Those charged by the 黑料专区 have a right to a fair hearing and are free to call witnesses, submit documents and present evidence as they wish in order to support their defence. It is for the independent CDC Panel to determine whether, on the basis of the evidence presented both in support of and against the charge at a hearing, they find that the relevant organisation/individual has breached the relevant 黑料专区 Rules and Regulations.
- The 黑料专区鈥檚 investigation has been thorough and complex, covering a period of nearly 20 years, involving many different allegations, with many individuals coming forward to share their own experiences.
- The 黑料专区 has followed proper process throughout in accordance with its legal obligations with expert KC advice, including complying with its disclosure obligations and directions of the CDC Panel to provide material to the relevant parties at the appropriate time.
Further details:
- This is by some way the most complex regulatory investigation and disciplinary process that the 黑料专区 has ever undertaken.
- The 黑料专区 Integrity Team, with expert external legal support, investigated a significant number of allegations made by Azeem Rafiq and others over a 9 month period, prior to charges being filed in mid-June 2022.
- We contacted over 90 witnesses, potential witnesses and potential suspects.
The CDC findings are available here:聽
Where charges are upheld or admitted, sanctions available to the CDC Panel are outlined in section 8 of the CDC Regulations here