The findings published today mark another important day for cricket but of course the ramifications are sure to rumble on for quite some time. Our correspondents and columnists will keep you up to date with all the news and opinion but that’s it for now for this live blog.
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The main talking point following this morning’s CDC verdict has been the news relating to former England captain and broadcaster Michael Vaughan, who stepped back from his work with the BBC in June. A spokesperson for the corporation has now said: “We note the findings by the Cricket Discipline Commission in relation to Michael Vaughan. Michael is not currently under contract with the BBC, although we have remained in touch with him throughout the process. At this stage, we won’t be commenting further.”
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An interesting point in reading through the report: the CDC’s regulation 7.11 states that “the disciplinary panel may draw such reasonable inferences as it deems proper from any failure by the respondent to attend any disciplinary hearing”. In their report the panel state explicitly that the inference they chose to take from the failure of Matthew Hoggard, Tim Bresnan, John Blain, Andrew Gale and Richard Pyrah to engage with their hearing was “that [they] did not feel that [they] had an answer to the ECB’s case which would sensibly stand up to cross-examination” – essentially that it amounted to an admission, if not of guilt, then of a complete inability to provide anything that might suggest innocence.
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Julian Knight, who has resumed his role as chair of the digital, culture, media and sport select committee, says he and his colleagues “will be watching closely on progress” as “Yorkshire CCC and English cricket [seek to] to rebuild [their] reputation”. Knight says in response to today’s news:
Today’s findings underline the need for Yorkshire CCC and English cricket more widely to rebuild its reputation and do more to ensure greater participation of all parts of society in this great sport.
It is now vital that the Independent Commission for Equity in Cricket publishes its conclusions as soon as possible, followed by root-and-branch reform. The Digital, Culture, Media and Sport Committee will be watching closely on progress and we wish them the best of luck in sorting out their problems.”
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The ECB have now also formally responded to the Cricket Discipline Commission’s findings with chair Richard Thompson making a plea to the sport: “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.” The full statement is on the ECB website but Thompson’s comments read:
“This 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.
Given 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.
This has been the most complex and thorough regulatory investigation and disciplinary process that the ECB 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.
The 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.
At 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’s most inclusive sport.”
John Blain, who was working as a coach at Yorkshire, at the time of the offences has announced that he will appeal, stating: “I’ve done absolutely nothing wrong and that’s the hardest thing.” Here is his statement in full:
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.
I’ve suffered north and south of the border. The collusion that was involved in England has obviously carried over into Scotland because of the characters involved. It’s a very difficult situation but the Lord has given me a cross to carry and I must try to carry that as best I can. It’s an unfair and unjust situation. The process itself will be very difficult moving forward. These things take time but I have to move on and try to get justice. It’s hard to accept. I’ve done nothing wrong and I have the clear evidence to prove that.”
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Our columnist Barney Ronay will be writing in more detail about today’s news in due course but thinks Michael Vaughan may have been fortunate to have been cleared. Here’s his view via Twitter.
In my opinion the panel has been kind to Michael Vaughan in its interpretations. Doesn't mean it's wrong. But some of the logic is pretty soft
— Barney Ronay (@barneyronay) March 31, 2023
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Yorkshire CCC have just published a statement in response to the announcement of the findings this morning. You can read that in full here but these are the key points:
Throughout the Cricket Discipline Commission (CDC) proceedings brought by the England and Wales Cricket Board, Yorkshire County Cricket Club has been driven by a determination to learn from the past. As a Club, we needed to accept and take accountability for the cultural issues which allowed racist and discriminatory behaviour to go unchallenged.
In February, we accepted four amended charges relating to conduct which may be prejudicial to the interests of cricket and/or may bring the ECB and/or the game of cricket into disrepute, all occurring between 2004 and 2021. This resolved the Club’s liability, and we did not attend the CDC hearings in early March.
It is not for the Club to comment on the wider judgments made by the Panel. Our focus remains on achieving a reasonable sanction, and we will make representations in due course to the CDC Panel.
In the meantime, the Board is working hard to secure the Club’s long-term future as we continue on our road to recovery, and we are making great progress in our ambition to become a more inclusive and welcoming Club for all.”
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I’m handing this blog to my colleague Tony Paley now, who will guide you through the continuing reaction.
Anjan Luthra has resigned from his post as the chairman of Cricket Scotland with immediate effect.
His departure comes following a series of resignations from Cricket Scotland’s anti-racism and equality, diversity and inclusion advisory group earlier in the week over a perceived lack of progress in tackling racism. Luthra faced criticism after he claimed last week that progress was being made, leading to four members of the advisory group resigning.
Azeem Rafiq: 'Time to reflect, learn and change'
On Twitter, Azeem Rafiq has posted his response to the decisions:
“Charges against seven of the eight defendants, including the widespread use of the ‘P’ word, have been upheld by the CDC today. This comes in addition to the other reports, panels and inquiries that found I and others suffered racial harassment and bullying while at Yorkshire.
“The issue has never been about individuals but the game as a whole. Cricket needs to understand the extent of its problems and address them. Hopefully, the structures of the game can now be rebuilt and institutionalised racism ended for good. It’s time to reflect, learn and implement change.”
— Azeem Rafiq (@AzeemRafiq30) March 31, 2023
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“Azeem Rafiq has always insisted this was never about him. That his tragic tale was just one brushstroke on a much broader canvas. That those who wronged him were operating within a structure of power spoken and power unspoken. Stop looking at me, he told us, look at the whole picture. Stop hunting down individuals, he pleaded, hunt down the system that enabled them. Fourteen months ago, the world watched and listened to Rafiq as he wept on live television. It then proceeded to ignore almost every single thing he said.”
Sean Ingle rightly points out the significance of the concluding remarks of the decision, in specific relation to the Vaughan allegation not being proven:
“These findings do not in any way undermine the wider assertions made by AZR [Azeem Rafiq], many of which of course have been confirmed by the admissions of both YCCC and certain individuals, as well as by other findings of this panel.”
ECB publishes the CDC verdict. Confirms that case against Michael Vaughan was "not proven".https://t.co/v2UU7jLIiu
— Sean Ingle (@seaningle) March 31, 2023
Conclusion worth reading too: pic.twitter.com/HjR5c6C2OE
Vaughan’s lawyers, Brabners, have released a statement on the “positive outcome” for their client. They mention that the firm also represented Coleen Rooney in the “Wagatha Christie” libel case and Ben Stokes, the current England captain, when he was accused of affray. The first part of the statement reads as follows:
“Litigators at leading independent law firm Brabners have secured a positive outcome for former England cricket captain Michael Vaughan following a disciplinary hearing into alleged racism at Yorkshire County Cricket Club (YCCC).
“The England & Wales Cricket Board’s (ECB) Cricket Discipline Commission (CDC) today dismissed a charge that Vaughan had made racist remarks to four Asian and British-Asian players while captaining the club in 2009. The independent hearing followed an ECB investigation into the treatment of players of BAME heritage, including Azeem Rafiq, at YCCC over a 10-year period.
“The successful outcome marks another significant milestone for Brabners’ litigation team, which recently led Coleen Rooney’s successful defence in the now infamous Wagatha Christie libel case.
“It also marks a second high-profile acquittal for a major sports personality, with Vaughan’s hearing following Brabners’ involvement in the affray case of current England cricket captain Ben Stokes’ in 2018. The firm also supported the Stokes family in securing substantial damages and an unreserved apology from The Sun newspaper in 2021 following a privacy dispute.”
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ECB statement
“The Cricket Discipline Commission (CDC) has today published its decisions in relation to charges brought by the ECB against Yorkshire CCC and a number of individuals.
“Each of Tim Bresnan, John Blain, Andrew Gale, Matthew Hoggard and Richard Pyrah have been found liable for a breach of ECB Directive 3.3 for their alleged use of racist and/or discriminatory language.
“Michael Vaughan has been found not liable for a breach of ECB Directive 3.3.
“ECB Directive 3.3 states: “No such person may conduct themself in a manner or do any act or omission which may be prejudicial to the interests of cricket or which may bring the game of cricket or any Cricketer or group of Cricketers into disrepute”.
“Yorkshire CCC and Gary Ballance had previously admitted charges of breaching the same Directive.
“The independent CDC Panel which heard the matter comprised of Tim O’Gorman (Chair), Mark Milliken-Smith KC and Dr Seema Patel.
“These decisions only relate to liability. Where charges have been upheld or admitted, sanctions will be determined at a later date.”
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We are collating the details of all the decisions. But the one charge against Michael Vaughan, that he said “there’s too many of you lot” to a group of Asian players at Yorkshire, has been dismissed.
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Hoggard found to have used racist and discriminatory language
The first decision is on Matthew Hoggard, the former England and Yorkshire bowler. Containing different parts, but Paragraph 1 relates to Hoggard using the term “Rafa the Kaffir”. Paragraph 2 relates to “Use of the term “Paki””.
The commission has found both of these parts of the charge to be proved.
Paragraph 3 relates to Hoggard’s use of the term “you lot” for the Asian players at Yorkshire. The commission has not found Hoggard to have used discriminatory language in this case.
Paragraph 4 relates to Hoggard’s alleged use of the term “TBM” and/or “token black man”. Again, on this point, the commission found that the allegations have been proved.
The decision is below regarding Paragraph 2, in relation to Hoggard’s use of the term “Paki”:
“In light of the evidence of AZR and the clear admissions made by MH, the Panel is satisfied on the balance of probabilities that the conduct as alleged occurred.
“It is also satisfied that viewed objectively, the use of such a word was racist and/or discriminatory on the basis of a person’s membership of a racial or ethnic group. Indeed, and again, MH accepts this. The fact that the words were commonly used can sensibly provide no defence.
“In the Panel’s view, the use of such language is self-evidently conduct which may be prejudicial to the interests of cricket or which may bring the game of cricket or any Cricketer or group of Cricketers into disrepute.
“Accordingly paragraph 2 of the Charge is proved.”
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Vaughan cleared of using racist language at Yorkshire
The former England captain Michael Vaughan has been cleared of using racist and/or discriminatory language and bringing the game into disrepute by the ECB’s Cricket Discipline Commission. The decision of the three-person panel, which met to hear the case in London this month, was announced on Friday.
CDC findings published: Vaughan cleared
A PDF is now available outlining the commission’s decisions.
On page 55: this is the part relevant to the accusation that Vaughan had said “there’s too many of you lot”.
The commission ‘is not satisfied on the balance of probabilities that this form of words was said’.
“The ECB’s case on the first limb, as distinct from the second limb, relies on proof that the words used were “there’s too many of you lot, we need to have a word about that”. There are significant inconsistencies in the evidence of both primary witnesses, AZR [Azeem Rafiq] and ADR [Adil Rashid], in this regard. These are recognised by the ECB in the manner in which it closed its case.
“Considering all the relevant evidence on this first limb of the Charge, the Panel is not satisfied on the balance of probabilities that this form of words was said. Accordingly, the first limb of the ECB’s Charge against MV is not proved.”
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Regardless of the outcome, those on the commission and cricket’s powers-that-be would doubtless have preferred Vaughan to wait for the official announcement before posting his reaction to it. One can understand his eagerness to get his views out there, of course, but waiting a few minutes longer would presumably have made little difference.
And in the introduction to Vaughan’s statement: “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.”
Nothing yet on the news section of Yorkshire’s website …
A lot of people, myself included, are refreshing the ECB site to see official confirmation of the decision by the commission.
“Particularly with an issue such as this, the CDC hearings were an inappropriate, inadequate and backwards step,” Vaughan adds. “One of the many reasons I hold this view is because CDC hearings are adversarial. They invite claim and counterclaim.”
High up in that Vaughan statement: “The hearing made public that Azeem [Rafiq] and I met 18 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.”
Vaughan has also posted his statement on Twitter:
— Michael Vaughan (@MichaelVaughan) March 31, 2023
Vaughan claims charge against him dismissed
On his personal Instagram account, Michael Vaughan has said that the charge against him has been dismissed.
“I want to thank the panel for their attention to his in very difficult circumstances,” Vaughan writes. He has posted a photo, containing a long statement. The post itself is a “Thumbs up” emoji only.
At this stage, no official confirmation of that on the ECB website.
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Speaking last Friday at the county’s AGM, the Yorkshire chief executive, Stephen Vaughan, spoke of his eagerness to find out what sanctions, if any, the club will face as a result of this process:
“I liken it to jumping off the high board at the swimming baths,” Vaughan said. “The jumping off part isn’t too bad, it’s just going up the stairs that scares you. So for everybody here, we want to know what it is, deal with it and move on. I really hope first and foremost that all of the work that’s gone on in this period of time will be held into account when we come to this conversation (around sanctions). English cricket is stronger for Yorkshire cricket being strong.”
A week before the start of the Championship season, window cleaners with long-armed squeegees were scrubbing Headingley’s pavilion, but it has proved far more difficult for Yorkshire to emerge from the grubby haze left by Azeem Rafiq’s allegations and their aftermath.
Eighteen months after the club published a summary of the report into Rafiq’s claims, on the day of the cancelled Old Trafford Test against India, the process is still in limbo. The Cricket Disciplinary Commission is expected to give its verdict on Friday – Yorkshire have pleaded guilty on four counts, including a failure to address systemic use of racist and/or discriminatory language over a prolonged period – but the announcement of any sanctions is not expected until later.
The announcement of the findings by the Cricket Discipline Commission (CDC) is expected at 10.30am UK time. So in around 20 minutes.
Preamble
The former England captain Michael Vaughan and five other former players are due to discover whether they have been found to have used racist language and brought the game into disrepute when the Cricket Discipline Commission (CDC) publishes its findings today.
We will bring you news on the commission’s findings, and related news and reaction, on this live blog.
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