Three of the six Yorkshire players found guilty of using racist language towards Azeem Rafiq will refuse to pay any fines in protest at what they regard as a flawed process, according to reports. On Wednesday the England and Wales Cricket Board asked the Cricket Discipline Commission to levy fines totalling £37,000 on the players, who include three former England internationals, Gary Ballance, Matthew Hoggard and Tim Bresnan.
However, the Daily Mail subsequently revealed it had spoken to three players who had indicated they would not pay, whatever the verdict of the CDC’s panel. It appears that little can or will be done if those sanctioned refuse to pay. None of those charged are working within English cricket jurisdiction, and Jane Mulcahy KC, legal counsel for the ECB, told the hearing: “If they don’t pay, then it’s up to the ECB if they wish to enforce anything else about jurisdiction.”
The view among ECB insiders is that taking out a civil action against the players to recoup any fines is also unlikely.
Separately another former Yorkshire player, John Blain, has launched a Go FundMe appeal in a bid to clear his name. “This is a depressingly predictable and wholly unjust decision,” said Blain, who denies ever using such language. “Despite being entirely innocent of these allegations I was advised by my lawyers to withdraw from the ECB process due to its many fundamental flaws.”
Ballance is facing the strongest punishment, with the ECB asking for him to receive an eight-week playing ban, even though he retired last month, along with an £8,000 fine. Earlier the panel heard that the 33-year-old, who played 23 Tests and 16 ODIs, had admitted using discriminatory and/or racist language in the presence of Rafiq, including saying: “Don’t talk to him, he’s a Paki,” and “He’s not a sheikh, he’s got no oil”.
Ballance was the only player to have legal representation at the sanctions hearing and Mulcahy said that his acknowledgment of guilt deserved a reduction in his fine from £12,500 to £8,000.
Hoggard and Tim Bresnan have been recommended to be given £7,500 and £5,000 fines, respectively. Both were found to have used the term “Paki” towards Azeem Rafiq and other Asian players, while Hoggard was also found to have used the derogatory phrase “Rafa the Kaffir”.
Meanwhile, three other former Yorkshire players – Andrew Gale, Blain and Richard Pyrah – face £7,500, £5,000 and £4,000 fines. The ECB has asked for all six, who were found guilty of using discriminatory and/or racist language, to receive reprimands and to have to take a racism and discrimination course if they want to return to cricket.
However, the chair of the CDC panel, Tim O’Gorman, indicated a decision on the exact nature of the punishment would take weeks. “It is going to take time for the full decisions to be made and for them to be available in writing,” he added.
Yorkshire CCC has admitted four charges, stemming primarily from allegations made by Rafiq and the club’s handling of the claims. It will face a separate sanction hearing on 27 June.
