Former England captain Michael Vaughan has been cleared "on the balance of probabilities" of making a racist comment towards four Asian teammates in 2009.
Vaughan was accused of telling Azeem Rafiq, Adil Rashid, Ajmal Shahzad and Rana Naved-ul-Hasan: "There are too many of you lot, we need to have a word about that." The incident was alleged to have occurred in 2009 while he was playing for Yorkshire.
However, Vaughan has now been cleared of the charge by the Cricket Discipline Commission (CDC) following a hearing held earlier this month. And he confirmed the news in a statement on social media where he branded the proceedings "inappropriate, inadequate and a backwards step".
Both Rafiq and Rashid gave evidence to the hearing that Vaughan made the alleged remark, while Shahzad said he did not hear it. Naved has previously corroborated Rafiq and Rashid's claims, but did not engage with the hearing.
The CDC panel stated they were "not satisfied on the balance of probabilities" that Vaughan made the comment "at the time and in the specific circumstances alleged", but insisted their findings "do not in any way undermine the wider assertions" Rafiq has made about racism within cricket.
While Vaughan was cleared, charges against five other individuals were found to have been at least partly proven. Matthew Hoggard, Tim Bresnan, John Blain, Andrew Gale and Richard Pyrah, who all withdrew from the process, now have 14 days to appeal the decision.
Gary Ballance, the other individual charged by the ECB, "admitted liability in response to the charge against him for his use of racially discriminatory language". Yorkshire also "admitted liability in response to four amended charges, 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 their concluding remarks, the panel stated that: "This is not a case which necessitated a conclusion from the panel that anyone has lied or acted out of malice. Far from it, the panel had to consider whether the case as presented to it by the ECB, in light of all the evidence, was sufficiently accurate and reliable, on the balance of probabilities, to rule out mistake. It was not."
"It has been both difficult and upsetting to hear about the painful experiences which Azeem has described over the past 3 years," Vaughan said. "The outcome of these CDC proceedings must not be allowed to detract from the core message that there can be no place for racism in the game of cricket, or in society generally.
"As with others who have spoken about their time at Yorkshire, I can only speak of my own experiences and of my own time there. The dismissal of the specific charge that concerned me takes nothing away from Azeem's own lived experiences. The hearing made public that Azeem and I met eighteen months ago, well before the CDC proceedings came into existence.
"I told him then that I am sorry for his unacceptable, negative experiences at the club I love and in the sport I love. We had what I thought was a really positive and constructive discussion. We shook hands with a shared intention to work together in order to create positive change in cricket.
"For my part, nothing has altered in that respect. There is still a job to do and I remain keen to help bring about positive change in any way that I can. Cricket has been my life. Particularly with an issue such as this, CDC proceedings were an inappropriate, inadequate and backwards step.
"One of many reasons why I hold that view is because CDC proceedings are adversarial. They invite claim and counterclaim. They invite those involved to accuse each other of untruths or of lying. The inevitable consequence of the ECB's decision-making was that 3 former teammates, one of whom is a current England international player, were pitted against one another in what later became a public forum for the world at large to see.
"Despite being criticised by the ECB for not accusing others of lying. I remain of the view that no good can come of that approach. There are no winners in this process and there are better ways — there have to be better ways - for cricket to move forward positively and effectively.
"I have never wanted to do anything that runs contrary to genuine efforts to clean up the game of cricket. I truly hope people can understand why, on a personal level, I could not just accept, or apologise for, something which I know I did not do. At times, this process has brought me to the brink of falling out of love with cricket.
"I won't address here the toll that it has taken on me and my family, but I have no doubt that it has also been incredibly stressful for all of the others concerned. I hope that for them and for cricket, an inclusive healing process can now begin.
"Now that the ECB's charge against me has been dismissed, I want to thank the panel for their careful attention in very difficult circumstances and to thank all of those who have given me their support during an incredibly difficult period in my life."
When asked about the alleged comment at the hearing Rashid, who gave evidence via video link while on England duty out in Bangladesh, said he recalled hearing it but did not believe Vaughan was racist. "I remember him saying the words yes," he said.
"There are too many of you lot, we need to have a word about that. As soon as the huddle broke up and people went to their places, that is when I remember these words being said.
"I have a very clear recollection of it. Michael made an ill-judged comment. I heard it. I do not believe that he is racist or that this was said with any bad intention. But it was said."
Vaughan, meanwhile, said it was "inconceivable" that he had made the remark, insisting: "I consider it to be inconceivable that I would use the words contained in the allegation."
And Vaughan's lawyer Christopher Stoner KC slammed the ECB's investigation as biased in his closing submission, proclaiming: "We say this investigation was wholly inadequate.
"In reality there was no investigation, and we are concerned by the bias shown by the ECB. Due process matters and it is the cornerstone of our law. It was sent on holiday by the ECB in this investigation. That brings a question of fairness. This was a prosecution from the outset."
Blain has stated he will appeal the CDC's decision after they found claims he used the racial slur "P***" to be "proved". The former Scotland international told the Telegraph: "I'll continue to fight this by whatever means are available.
"I guess there will be an appeals process and a subsequent process after that will have to be also considered. I've always said that I wouldn't rule out having to go to the High Court to contest this because it's a huge miscarriage of justice.
"It's unfair and very difficult to digest when I've done nothing. I've done absolutely nothing wrong and that's the hardest thing."
Hoggard, meanwhile, had three of the four charges against him proven including the use of the nickname "Raffa the Kaffir" towards Rafiq, the use of the racial slur "P***" and the use of the term "TBM" or "token black man" towards Ismail Dawood. Bresnan, Gale and Pyrah were also found liable for using racist and/or discriminatory language.
