Proceedings over for the day
Stoner is concluding his cross-examination. He ends by quoting what Rafiq’s former teammate Ajmal Shahzad has said about how there was “no way in hell” that Rafiq wouldn’t have spoken out at the time about Vaughan’s alleged comments if they were true.
Mr Shahzad is right isn’t he? That if someone said anything to you, you would have spoken up about it, says Stoner.
“I wish now I had said it at the time,” replies Rafiq. “Maybe I wouldn’t carry the mental scars. Anyone who has never gone through this. It is disappointing to read this from Ajmal. I don’t know what to say, I wish I had the courage to have said it earlier.”
And that concludes proceedings for today.
Rafiq: I went public on Vaughan comments 'when I had enough courage'
Stoner asks whether he agrees that it is difficult to recall details of events that happened years ago. “It depends how much it matters to you,” Rafiq replies. “Sat here, it matters. And it has mattered. And over the last three years the way it has been used to more or less destroy my life, so it does matter.”
Stoner points out he [Rafiq] didn’t raise the alleged Vaughan incident for 11 years. “I raised it when I had enough courage to raise it,” replies Rafiq.
Updated
We are back, with Stoner continuing to cross-examine Rafiq.
“You categorically deny that you have leaked documents in this case,” Stoner begins. “Were you told about the charges by the ECB before they were published?” “I honestly don’t know to be honest,” replies Rafiq
Were you told of the details of the charges before they were published, Stoner asks? “Again I can’t recall when it was.”
Are you aware the details were made public by Mr Dobell before Mr Vaughan was charged? “I saw the article when everyone else did, I was at a public meeting when it came out,” replies Rafiq.
Rafiq confirms he speaks to the journalist George Dobell a lot. “Generally we speak on the phone”.
He is then asked whether any messages were sent between each other about the Vaughan case. Rafiq says he did a search but nothing was found.
Rafiq is talking about how he believes he was scapegoated by Yorkshire even early in his career. The former player, who was born in Pakistan before moving to the UK as a child, tells the hearing he “was questioned about whether I should be in the country and whether I was an illegal immigrant”.
“It caused press intrusion and I missed some crucial cricket for my development,” he adds. He says he disagrees that Yorkshire has accepted responsibility since.
With the clock ticking past 5pm, Stoner says he is still about 20-25 minutes away from finishing his cross-examination. The chair suggests a five minute break with a view to finishing around 5.30pm.
Rafiq: Vaughan 'attempted to discredit me' after 'non-apology'
Rafiq is asked if he discussed the Vaughan incident with Adil Rashid after Rafiq spoke out. He says no.
Stoner refers Rafiq to a transcript of his interview with Squire Patton Boggs, from which certain lines are pointed out. One such line is that saying Rashid had a “memory failure”.
Rafiq says this comment was not specific to the allegation of Vaughan, adding it was a “very general comment”.
Stoner points out that the comment was made under discussions referring to Vaughan. Rafiq does not agree with this, pointing out it was an eight-hour interview in which he had talked about everything.
Rafiq is now detailing the breakdown in trust between him and Michael Vaughan, after they had met to discuss the allegations and Vaughan said ‘sorry’ in November 2021. Rafiq makes it clear he believes this was a ‘non-apology.’
“Michael headed off to Australia and his general chat around all this was relayed back to me,” says Rafiq. “It made a real dent to what my hope was. I felt like I was being played and I wasn’t sure I should continue to be played really.
“I got a call from colleagues of his about his general attempts to discredit me while he was in Australia,” adds Rafiq. “With my trust as low as it had been I didn’t want to go through any more.”
Updated
Stoner asks Rafiq: “Did you threaten at any stage to report Mr Rashid?
“What do you mean by that,” he replies.
Stoner doesn’t go into the specifics, but asks again whether he has threatened to report Rashid to the ECB? “I haven’t threatened to report anyone,” responds Rafiq.
Stoner suggests to Rafiq that he needed Rashid to back up his claims about Vaughan to win his employment tribunal case. “And those proceedings were about financial compensence, weren’t they?
“I disagree,” says Rafiq. “That was settled in 2021 and I am still here and still fighting and continually put through the mill. If it was just a financial thing I could have stopped.
Stoner: “You are here now because of the actions of the ECB, not your own actions.”
Rafiq: “I don’t agree with that. I am fighting to be heard and what the game has put people through.”
Rafiq is asked if he knows Liz Neto of Yorkshire cricket. He confirms he does. Stoner then reads her statement to the ECB.
She says: “When the media furore was at its zenith, Mr Rashid phoned me on more than one occasion. He appeared distressed and indicated to me he was being pressured to corroborate allegations of racism then being made, even though he did not want to. He said to me, more than once, that he could not remember the particular comment he was being asked to say he witnessed, not anything racist being said in his presence.” He said to me he had told Mr Rafiq: “No matter how many times you tell me I heard it Azeem, I cannot remember hearing it.”
That is accurate, Stoner claims. Rafiq says he “completely disagrees.”
We are back after Azeem Rafiq is given a 15-minute break. The cross-examination continues …
Rafiq: Vaughan's comments were 'loud and clear for everyone to hear'
“Let’s move onto what others have said,” says Stoner, Vaughan’s KC. Mr Shahzad in his interview [with the ECB] said that he didn’t hear the words to Michael Vaughan which you allege. He also says the “senior guys were really good to me and looked after me.” I just wanted to put that to you in the context of you saying it was loud enough to be heard by all Yorkshire players …”
“Everyone can have whatever memory they have,” replies Rafiq. “It wouldn’t be right for me to comment on why Ajmal wouldn’t remember it. It’s perfectly reasonable.”
You did specifically say that all four Asian players heard it, counters Stoner. “As I said, I only discussed it with Adil,” Rafiq replies. “In my view as we dispersed it was loud and clear for everyone to hear.”
Updated
Rafiq is then shown footage of the start of the Yorkshire v Nottingham match in 2009 where, Stoner suggests, it seems that the Pakistani player Rana Naved-ul-Hasan is walking in a different direction from the huddle.
“It looks like he has gone to the right on the screen,” agrees Rafiq. “But the statement happened as we dispersed the huddle which we can’t see on TV.”
The video is stopped on a frame where Rashid and Bresnan are smiling at each other. Would you agree there is nothing on that video clip that would suggest that something untoward has been said, adds Stoner.
Rafiq replies: “I’ve been very clear from the offset that it didn’t feel like it was done in a malicious way.”
Stoner then points out another inconsistency in Rafiq’s initial statement to the investigators Squire Patton Boggs during the early claims of racism at Yorkshire.
In that statement Rafiq claims that Vaughan said “there’s too many of you lot, we need to do something about it”.
Stoner points out this is different wording from the allegation that Vaughan said “there’s too many of you lot, we need to have a word about that”.
Rafiq says there is a “clear mistake” in that statement and that he takes “full responsibility” for it.
Rafiq adds he wants to make it “very clear” that Vaughan did say the “there’s too many of you lot” phrase and that was the “discriminatory” part of the comment.”
Next Stoner pulls up a statement from Matthew Wood, the player development manager at the PCA
Wood says he was present at a meeting in 2020 with Rafiq and others, in which he says Rafiq was “getting things off his chest”. Wood says Rafiq’s complaint appeared to be that others were getting preferential treatment above him and there was no reference to Michael Vaughan. Indeed, he claims that he knew nothing about Vaughan’s allegations until they hit the media.
Rafiq says in reply that the meeting was “very much about what was affecting me and a chain of events leading me to feel the way I was and how certain members of the playing and coaching staff were being racist”.
Stoner then goes through some mistakes in Rafiq’s first witness statements, including the erroneous claim that the four Asian players in that Yorkshire team in 2009 had never played together again.
What you have said has varied, hasn’t it Mr Rafiq, Stoner then asks. “There have been quite a few mistakes with various statements but with what Michael said it is consistent … it is very clear on the ‘too many of you lot’ which is the part that is discriminatory.”
Stoner then moves to asking about Rafiq’s article in Wisden in 2020 that referenced the “too many you” comment but didn’t mention that the player was allegedly Vaughan. Stoner asks: did you discuss the incident at any time before that day? “No, it had come up with Adil and it might have come up with my agent as well.”
Rafiq confirms he didn’t speak to anyone at the time, however. “It made me angry at the time, and it does today,” he says. “He was a hero of mine.”
“A hero of yours says something like that, and you don’t discuss it with a friend – ‘did you hear that?’” responds Stoner. “I was a young player making my way in the game, so I didn’t want to speak up. As a person of colour you fear the consequences,” Rafiq replies.
Stoner: You didn’t share what was said with a person of colour on that day? “You have two choices. Try to be a professional cricketer or say something and bear the consequences.”
Christoper Stoner, KC for Michael Vaughan, begins his testimony by asking him the same questions he asked Adil Rashid. Rafiq displays a better recollection than his former Yorkshire team-mate, remembering that Nottinghamshire won and that it was a day game.
Updated
Rafiq begins to give evidence
We are back for the afternoon session at the CDC. Azeem Rafiq is about to give evidence. His KC, Jane Mulcahy, starts by asking him to confirm that his witness statement is true to the best of his knowledge. “Yes it is,” he replies.
Updated
Stoner now turns to a bit of Rashid’s second statement given last month. It relates to Shahzad’s fears that the shared business interest with Rafiq in a fish and chip shop, from October 2021 to October 2022, may have led Rashid to feel pressured by Azeem.
Again Rashid denies this.
We are now onto the topic of WhatsApp messages.
“There is not one single WhatsApp matter relating to the matter involving Mr Vaughan?” asks Stoner. “Nope,” replies Rashid.
Am I right in thinking there is not one single WhatsApp message to Mr Dobell? “No.”
Rashid is asked whether he went back and checked. “Yeah, there was nothing there.”
Stoner reminds Rashid that he changed his phone in October 2022, and is now shown a solicitors’ statement which it is said: “Mr Rashid believes that some but not all his WhatsApp messages are backed up. He deletes some messages and these are not kept.”
Is it possible you may have deleted messages relating to Mr Vaughan. “I delete a lot of messages in my time, from my wife, my father,” he responds.
And with that Rashid finishes his evidence.
We are back again, with Stoner returning to the pressure that Rashid may have been put under to support Rafiq. “I was asking you about pressure,” he says, showing him again part of Mr Rafiq’s interview with Squire Patton Boggs.
Stoner shows him a statement where Rafiq says: “I just hope there is no lies, that’s all I have said to someone like Adil. I’ve said, as long as you don’t lie, I can live with it if you don’t want to sit on the fence, but ultimately if you lie then it’s going to become a really uncomfortable position for everyone.”
Were you pressured, Stoner asks Rashid? “No, no. As I have said before, I wasn’t pressured by Azeem.”
Rashid is then asked about his conversations with personal development manager Matthew Wood of the PCA during the height of the racism.
“I called Azeem by phone and asked him whether there was any racism that he had experienced or witnessed in his career,” says Wood. “ I told him that this was a confidential discussion and a safe space for him. Adil said that he hadn’t seen or experienced any racism during his time in cricket and that he wasn’t able to contribute in that respect.”
“I cannot recall the conversation because we speak to so many people,” replies Rashid, who adds he can’t recall speaking those words to Wood.
Stoner then asks whether Rashid discussed the allegations against Vaughan with Wood. “I did not speak to him about this,” he replies.
Not for the first time, Rashid looks uncomfortable and we take a 15-minute break.
Updated
Mr Stoner now moves to a statement given by another Yorkshire player at the time, Ajmal Shahzad. He begins to read from it. “I spoke to Rashid in December when I was at Yorkshire coaching and he was very uncomfortable with where this was going,” the statement says.
“At some point he [Rafiq] was capable of you know, using something that he knew about him personally, against him,” adds the Shahzad statement. “And then I remember him saying that and I was saying ‘Look Rash, how much does he know about you? What you doing?’”
Mr Shahzad’s statement adds there was a “bit of blackmailing involved about something”, I think Adil is being pressured. So I think there are a lot of things that you guys may not be aware of that is happening.”
You say that you don’t know what Mr Shahzad is referring to? “That is correct”.
Updated
Stoner continues to question Rashid about what he remembers being said in 2009.
“Here and now, what were the words you say were used in 2009?” Stoner asks. “There are too many of you lot, we need to do something about it,” replies Rafiq.
Because just so you are aware, that is not what is alleged, replies Stoner, pointing out the words were actually: “There is too many of you lot, we need to have a word about it.”
“This is the reality isn’t it Mr Rashid,” continues Mr Stoner. “You have no clear recollection of what was said on June 22, 2009. “I have a very clear recollection,” he replies
Mr Stoner shows Rashid an exclusive piece by George Dobell from the Cricketer in 2021 – the one where Rashid gives a statement backing Rafiq’s recollections about what Michael Vaughan said in 2009.
How did that statement come to be drafted? “By speaking to George Dobell,” replies Rashid.
Was that statement drafted for you? “What do you mean for me?”
Did you write down those words? “Yes.”
Did Mr Rafiq tell you that you had to make that statement? “No.”
“You wrote them down, so how did you get them to Mr Dobell?” asks Stoner. “Me and George spoke and it was like, ‘let’s get those words out there’. It was as simple as that.”
Did you see a draft? “I must have gone through this a few times and sent it over to him.”
It is odd wording to say you can confirm you can recollect the recollection, suggests Stoner. “The statement is very simple to read, I reckon,” replies Rashid.
Stoner is continuing his cross-examination of Adil Rashid.
Rashid is now shown a statement from Rafiq about the Vaughan incident in 2009. Rafiq is quoted as saying: “I have discussed this incident with Adil and he remembers it as well.”
“So it was wrong to say you had never discussed the incident with Mr Rafiq?” asks Stoner KC. “No,” replies Rashid, saying he was confused about the question.
Stoner apologies, before asking: “As regards to Mrs Neto, It was right you had various phone calls with her?” “Yes”.
And it was around the time the racism allegations went public? “Yes, around that time,”
Is your evidence that you did not say to Mrs Neto, what she has alleged, or you can’t remember saying it? “I did not say what she has alleged. I think she is confused about that situation.”
Rashid denies being pressured to back up Rafiq
Rashid is shown another statement from Liz Nater, who was involved in HR at Yorkshire.
Stoner quotes from the statement made by Nater.
She says: “When the media furore was at its zenith, Mr Rashid phoned me on more than one occasion. He appeared distressed and indicated to me he was being pressured to corroborate allegations of racism then being made, even though he did not want to. He said to me, more than once, that he could not remember the particular comment he was being asked to say he witnessed, not anything racist being said in his presence.” He said to me he had told Mr Rafiq: “No matter how many times you tell me I heard it Azeem, I cannot remember hearing it.”
Stoner now speaks to Rashid. That is what you said to Mrs Neto at Yorkshire isn’t it, repeating the bit in italics.
“No it is not. I don’t remember saying it.”
This is what you were asked by Mr Rafiq to recall. “No, I was not asked. Me and Mr Rafiq have not spoken about this comment.”
Again Rashid denies suffering a memory loss.
Updated
Stoner then shows Rashid a transcript of a meeting between Rafiq and Squire, Patton, Boggs.
Stoner points out that in the transcript that Rafiq says that “I’ve not been in touch with Ajmal. Adil I’m obviously in regular touch with. He’s had a memory failure. He’s had a loss of memory, god bless him.”
Did you have a memory failure, Rashid is asked? “No that is not correct.”
The panel is played a video of Sky TV’s coverage of the Yorkshire players in a huddle on the day of their match against Nottinghamshire just moments before the incident was said to have taken place. They are smiling and chatting, but we can’t hear their words as David Gower is talking on commentary.
“At the end of that clip you were joking with Tim Bresnan and you grab his arm,” says Stoner. There is no suggestion that you have been offended in any way? “No”.
Where was Mr Rafiq when Mr Vaughan, you say, said the words he said? “Generally when you go out of the huddle you are close together,” replies Rashid.
Left or right? “I can’t remember”.
He asks where the other players were in the huddle and Rashid says he can’t remember.
Stoner points out the Sky TV cameras cut away to the pitch, so we can’t see what happened next. But when were the words said by Vaughan? “As soon as the huddle broke off, and the players went to their places, that’s when the words were said,” says Rashid.
Vaughan’s KC continues: “You say that what Mr Vaughan said that day was a poor attempt at banter,” says Stoner. “That’s correct,” replies Rashid.
You also state in your witness statement that Mr Vaughan is not racist. “That is correct,” he replies, adding that it was a bad joke.
There are a lot of jokes and banter exchanged between players. Do you remember any other players that day? “No.”
Why recall that one? “It stuck in my head at that time.”
Were you offended? “I was not offended.”
Mr Stoner starts by taking Rashid back to the day in 2009, when the incident is said to have taken place.
Was it a day or night game? “I can’t recall that.”
What was the result? “I can’t remember.”
Do you remember how many wickets you took? “Zero”
Do you remember what the weather was like that day? “No”
How did you get to the game? “I must have driven”
Adil Rashid gives evidence
A small comical moment as the chair introduces Adil Rashid … and England’s Rob Key appears instead. However he soon gives way to Adil Rashid, who is giving evidence via videolink from Bangladesh.
Azeem Rafiq’s KC, Jane Mulcahy, begins by showing him his first witness statement. Is it true, she asks. “Yes,” is the one word reply.
She then shows him a second statement dated 8 February 2023. Is that reply statement true to the best of your belief. “Yes”.
Now, Mr Stoner KC, is going to ask Rashid some questions.
Updated
My thanks to the Times’ Lizzy Ammon, who captured a bit from Stoner’s opening statement that I missed. As she points out, he also posed to the panel the question about why, given that Rashid said the “you lot” phrase was used so loudly that the rest of the team would be able to hear it, only three of the other players were spoken to and of them only one had the “you lot” allegation put to them.
Stoner also added that Vaughan was “disturbed” as to why he has been “singled out” after it is alleged he used the term on only one occasion. Stoner makes clear that Vaughan is clear racism has no place in the game of cricket or in wider society – and that he is clear he did not use the words alleged.
Short break. And with that we have another interval of a few minutes …
Stoner is continuing to outline Vaughan’s case … He says that the Sky TV cameras at the match, where Vaughan was said to have said those words, did not pick up anything. He points out that Vaughan’s autobiography, published months after the match took place, references it to say he was proud that so many Asian players were playing for Yorkshire and it was a sign of the future.
Stoner adds that they will also argue that there are problems with Adil Rashid’s evidence, given he only gave it 15 months after Rafiq’s allegation was made – and says that there is a “real issue” that pressure was put on Rashid to back Rafiq.
Vaughan’s KC also says that another Yorkshire player who backs Rafiq, Rana Naved-ul-Hasan, recollected the wrong words and has not engaged in the disciplinary process.
Finally, Stoner says another Asian player, Ajmal Shahzad, had told the ECB that “Mr Vaughan was definitely not that way inclined” when it came to racism or discrimination but Vaughan’s camp were not originally given that evidence.
Christopher Stoner KC, counsel for Michael Vaughan, is now giving his opening statement.
“The charge against Mr Vaughan is denied. When he first heard Mr Rafiq’s allegation he simply had no idea it was related to him. In fact, he contacted Nick Hoult of the Telegraph and suggested he speak to Mr Rafiq about his story [to find out who it was].
“Unsurprisingly given the passage of time, 22 June 2009 but he is clear that the words that are unacceptable and Mr Vaughan is adamant he would not have used them.”
Stoner says that his legal team will challenge Rafiq’s recollection, especially given it was 13 years ago. He then quotes research about faulty memories causing “dramatic changes in recollection” - and says there could be a “failure of source memory”.
“There is no doubt that the burden of proof is on the ECB,” adds Stoner. “The more serious the allegation … the stronger the evidence before the panel that it occurred on the balance of probabilities.”
Michael Vaughan's case up first
We are underway. And in a change to the schedule, it is the Michael Vaughan case that is up first on day two. Jane Mulcahy is currently setting out the ECB’s case, that Vaughan said: “there’s too many of you lot, we need to have a word about that” or alternatively “there’s too many of you lot” to four Asian players at Yorkshire County Cricket club in 2009 and has caused “prejudice or disrepute to cricket.” As she points out, Vaughan denies the charges.
Day one recap
The CDC has already heard the ECB’s case against three players on day one of the hearing.
The former England seamer Tim Bresnan was accused of three charges that the ECB considers racist and/or discriminatory, including using the phrase “Fit Paki and/or FP” regularly, including to Rafiq’s sister Amna. Bresnan denies that charge and says he was not being discriminatory when he called Yorkshire’s Asian players “the brothers” and “you lot” on occasions.
Another former England cricketer, Matthew Hoggard, was alleged by the ECB to have said“You Pakis are all the same” and “you lot sit over there” when referring to Rafiq and other Asian players in the Yorkshire squad in 2008. The ECB also claims the bowler was being discriminatory when he referred to Rafiq as “Rafa the Kaffir” – a South African insult – during the 2008 season.
Hoggard has admitted to using the P-word and “Token Black Man” but denied any racist or discriminatory intent. He also says he used the phrase “Rafa the Kaffir” to denote a person of Muslim faith who did not practise to strict conformity rather than its more abusive South African context.
A third former Yorkshire player, John Blain, was also alleged by Rafiq to have “used the word ‘Paki’ a lot and it was normalised language for him” and the panel was told that others had also heard him use it. Blain has denied ever using the word but was alleged by the ECB to have told another player that using the P-word was “similar to calling Australians ‘Aussies’”.
Jane Mulcahy KC, the ECB’s counsel, said the widespread use of the P-word showed evidence of “a prevailing atmosphere at Yorkshire County Cricket Club at the relevant time in which this word was commonly used”.
“This is consistent with Yorkshire’s admission that it failed adequately to address systemic use of racist or discriminatory language over a prolonged period,” she added.
It is expected that we will hear the ECB’s cases against Andrew Gale and Rich Pyrah first, which should not take long, before we move onto Vaughan.
Preamble
The second day of the Cricket Discipline Commission hearing into allegations of racism in Yorkshire cricket is due to reconvene shortly, after a nearly two-hour delay due to legal arguments behind the scenes. However it promises to be an explosive day given that three of the key witnesses, Azeem Rafiq, Michael Vaughan and Adil Rashid are all due to given evidence.
It was Rafiq who first made public allegations of racism in Yorkshire cricket in 2020, which led to seven players and staff and Yorkshire being charged by the ECB of bringing the game into disrepute.
One player, Gary Ballance, has admitted to wrongdoing and therefore is not required to attend this hearing, while Yorkshire have also admitted guilt in the way it handled alleged racism directed at Rafiq during two spells at the club between 2008 and 2014 and 2016 and 2018.
Five others Tim Bresnan, Matthew Hoggard, John Blain, Tim Bresnan, Andrew Gale and Richard Pyrah have declined to participate as they believe they will not get a fair hearing but their cases are being heard in their absence.
However Vaughan, the former England captain, has agreed to attend in person - with the CDC due to examine claims by Rafiq that Vaughan said to the team’s Asian players that there were “too many of you lot, we need to do something about it” before a Yorkshire match in 2009. Vaughan strenuously denies the allegation.
Updated
