Vaughan denied ‘due course of’ in Yorkshire racism disciplinary, claims lawyer

Jane Mulcahy, the ECB’s lead counsel, introduced the case to an in depth by focusing once more on a sequence of historic tweets made by Vaughan, no less than considered one of which was from across the time he’s alleged to have made the remarks. Arguing that they have been “central to the case” Mulcahy mentioned, “If a person has a tendency to make racist comments, they have a tendency to make racist comments.”

Stoner argued that was vital “counter evidence” to the historic tweets by Vaughan that the ECB was counting on in its case. “The investigation was wholly inadequate,” Stoner mentioned. “Due process matters and is the cornerstone of law. In our submission it was sent on holiday by the ECB. It raises a real question of fairness [of this investigation]. Mr Vaughan has not been accorded fairness.”

Vaughan’s defence additionally submitted a 22-page storyboard of Sky’s footage of the pre-game huddle from that day, footage they argue is the one “contemporaneous evidence” of the incident. In it, they dissect a two-minute clip which begins with Vaughan addressing the workforce earlier than they disperse on to the sector. Stoner argued that it’s “inherently improbable that such serious and unacceptable words were spoken to team-mates just as a game was starting, in the presence of a cameraman and almost certainly a microphone.”

He additionally criticised what he known as “half-hearted efforts” to succeed in out to extra gamers and potential witnesses from the day, together with the umpires and the cameraman.

Mulcahy had begun her closing earlier, putting Vaughan’s historic tweets on the entrance and centre of the ECB’s argument. Mulcahy mentioned that two of the three tweets – introduced up final week in her cross-examination of Vaughan – have been made in 2010. “Although Michael Vaughan now purports to be a changed character, Vaughan in 2009 was the same person who shortly afterwards (in 2010) sent two tweets complaining about foreigners… [he] still held the same ‘unacceptable’ views seven years later when he sent further tweets concerning Muslims and potential terrorism… the supposedly lighthearted but offensive expression in the tweets is very similar in tone to the comment made on 22 June 2009.”

She argued these confirmed it was “quite the opposite” that it was, because the defence argued, “inherently improbable” that Vaughan mentioned what he’s alleged to have mentioned. She mentioned it made no distinction, as Vaughan’s defence argued, that the tweets have been non-cricketing in context. “If a person has a tendency to make racist comments, they have a tendency to make racist comments”. Vaughan’s tweets, she mentioned, have been there for “all to see”, together with these he performed with.

In help, Mulcahy additionally pointed to the truth that Yorkshire had admitted to the cost of systemic racism on the membership, spanning a interval from 2004 to 2021. During it, Hoggard and Gary Ballance had admitted to creating racist or discriminatory feedback.

Mulcahy additionally launched a strong defence of the ECB’s investigations, calling out an “extraordinary amount of bitter and inaccurate correspondence” from Vaughan’s authorized workforce in regards to the disciplinary course of. She mentioned the allegations in regards to the Sky cameraman not being interviewed illustrated “the ridiculous length” to which Vaughan is ready to go to “unfairly throw mud at the ECB”.

She ended her arguments by saying that the charging was “properly based on Adil Rashid and Rana Naved-ul-Hasan corroborating the testimony of Azeem Rafiq” and that it’s “frankly objectionable and wrong” of Vaughan’s closing submissions to counsel the ECB singled out Vaughan.

Pyrah and Gale have each denied fees that they used racist and/or discriminatory language, together with “Rafa the K****”, “P***”, “you lot” and “fit P***” between 2008 and 2014. Closing submissions towards each – in addition to the opposite absentees, Hoggard, Tim Bresnan and John Blain – have been submitted by the ECB within the type of written statements to the panel.

The three-person panel, of Tim O’Gorman (Chair), Mark Milliken-Smith KC and Dr Seema Patel, mentioned they hoped to publish a verdict by the top of March.