Part 2: Yorkshire CCC Racism Hearing
______________________________________
The media are licking their incisor teeth with glee as the Yorkshire CCC nine day hearing began yesterday. The wokeist of them all, the BBC, is even writing a daily commentary, minute by minute, of the proceedings.
www.bbc.co.uk/sport/live/cricket/64787519As there are no actual audio or video recordings of the alleged racist slurs, the ECB prosecution lawyers have had to revert to stock phrases like, “on the balance of probabilities” and “it is more likely than not that ‘X’ used the racist/discriminatory word” in a bid to support Rafiq’s claims. Surely, in any other legal matter, this case would be thrown out by the judge. How can hearsay become the primary evidence? Not in this situation, as the hearing is a show trial contrived by the ECB to save face.
First, look at the governing ‘independent panel’ brought together under the ECBs auspice. Former Derbyshire batsman Tim O'Gorman (chair), Mark Milliken-Smith KC and Dr Seema Patel.
O’Gorman is the ultimate cricket establishment man. After retiring as a Derbyshire player in 1996, he went on to greater things. A solicitor by trade, O’Gorman has been Chairman of the Professional Cricketers' Association; served as a member of the General and Cricket committees of the MCC; and was made Chair of the MCC Young Cricketers. Who is his overseer? The ECB.
Mark Milliken-Smith KC is recognised by Chambers UK and The Legal 500 as a ‘leading silk’ in Crime and Sport. He is a member of the ECBs Cricket Discipline Commission and advises the Board on matters concerning match-fixing.
Dr Seema Patel is the ultimate woke lawyer. Her area of expertise is Sports Law. She is an international expert on gender discrimination in sport. For example, in 2020, she was invited to contribute to a Transgender Working Group for World Rugby, tasked with formulating guidance for trans female players. Two years later Patel spoke at an event hosted by The Sports Law and Policy Centre about trans-athletes and how best to include them.
Michael Vaughan Fighting to Hold On to His Media CareerNow, who are some of the former Yorkshire cricketers the ECB wish to throw under the bus and destroy their livelihoods?
Matthew Hoggard MBE: One of the heroes of the 2005 Ashes victory that transformed England’s previous mediocrity and planted the seed for today’s global success.
Michael Vaughan MBE: Captain of that Ashes winning series; one of the best England Captain’s in living memory; and until recently a highly successful and respected cricket pundit and journalist.
Andrew Gale: Perhaps, Yorkshire’s greatest captain and then later coach in the Club’s modern history.
Is it not surprising that all of the accused apart from Vaughan have refused to attend the hearing. This is not a court of law, but to repeat, a show trial. The players have already been found guilty. The ECB has made sure of that.
Yet, there is one problem remaining. A thorn in the ECBs side. Michael Vaughan. Determined to clear his name, so he can continue his media and pundit career, Vaughan has brought together an experienced and well-heeled legal team. A team that will be allowed to cross-examine Azeem Rafiq during the hearing. So, what can the ECB do to scupper the defence?
Example 1One player supporting Rafiq’s claim Re: Vaughan’s alleged racial slur, is Adil Rashid. Therefore, he is a key witness for the defence. And Rafiq’s claim? Vaughan used the phrase, “There are too many of you lot” to a group of Asian Yorkshire players in 2009. Yep, seriously!
Unfortunately, Rashid is part of England’s ODI side touring Bangladesh and the ECB stated it would be too expensive and difficult to fly him back for the hearing. So Vaughan’s legal team called their bluff and said “We will pay for his flights.” In retaliation, the ECB stalled and passed the decision on to the Cricket Discipline Committee. As this body is overseen by the ECB, they complied and said “No” to the request. Now, the only way Rashid can be cross-examined is via Zoom, which any lawyer will say “is very unsatisfactory.”
Meanwhile, the legal team has written to the ECB querying the arrangements they would put in place for a virtual hearing.
The Daily Mail writes, “It is understood that despite repeated questions the ECB have yet to provide any details of the security and IT capabilities they would have in Bangladesh to guarantee a fair process.”
It has even been suggested that the ECB purposefully planned to hold the hearing between March 1st and 9th, as Rashid has 10 days off when the Twenty20 Series finishes on March 14th, before going to play for Sunrisers Hyderabad in the IPL.
Adil Rashid Caught Up in ECB IntrigueExample 2Bizarrely, Yorkshire are also siding with the ECB Re: against Vaughan’s defence, under the direction of the Board’s right-hand man, Lord Kamlesh Patel, despite the fact he is stepping down as Yorkshire chairman next month.
The Daily Mail claims another key witness for Vaughan’s defence, a former senior employee at Headingley, is being threatened of legal action by Yorkshire, if this individual takes the stand despite the county is no longer involved with the case. It is also alleged, the club is refusing to disclose evidence to Michael Vaughan's legal team.
Who is this individual?
A few suggest it “might be” Ajmal Shahzad who played for Yorkshire between 2004 and 2012. Rashid’s racist claim against Vaughan to support Rafiq has been questioned by Shahzad who was part of that small group it was allegedly aimed at. He told the ECB at a formal interview, "I question whether he’s (Rashid) accurate in what he's saying. I think Adil is being pressurised. He backed up Azeem's allegations two days before they went to a parliamentary hearing. Why? I can only think that some sort of external pressure was put on to him.”
To conclude, there are no winners in this debacle only losers. The ECBs stubborn determination to save face has made sure of that.
At present, Yorkshire is facing potential administration after recent £3 million losses largely relating to the racism case. Already, the club has paid out in compensation close to £2 million including £200,000 to Rafiq. And there is still an ongoing case with former physio Wayne Morton who is demanding £566,000 for unfair dismissal. On top of this sum there are the mounting legal fees. Meanwhile, the club still owes almost £15m to the Colin Graves Trust, with a £3m repayment due to be paid later this year. Yorkshire's latest accounts admitted there was "material uncertainty" surrounding the debt. As a result, Yorkshire’s white knight in shining armour may once again have to bail the club out and return as the successor to Lord Patel. Graves commented, ”I know I can sort out the financial position going forward and I can get Yorkshire back on an even keel.”
Yet, most tragically, at a time when England is enjoying its greatest and most consistent success in living memory, the side is overseen by a Board that has lost all respect with cricket lovers, after causing untold damage to county cricket and its most revered club. It may take many years for these wounds to heal.
PS: You can follow the BBCs running commentary of Day 2 here:-
www.bbc.co.uk/sport/live/cricket/64787521 ...Rashid is presently being cross-examined via Zoom by Vaughan's legal team.