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Vaughan's lawyers accuse ECB of bias in 'wholly inadequate' investigation
Written by Sports Desk. Posted in Cricket. | 07 March 2023 | 478 Views
Tags: Cricket, England, Michael Vaughan, Yorkshire Carnegie

Michael Vaughan's lawyers have accused the England and Wales Cricket Board (ECB) of being biased in their investigation against the former England captain.

Vaughan was charged with bringing the game into disrepute for allegedly saying there were "too many of you lot", referring to Asian players prior to Yorkshire's T20 match against Nottinghamshire in 2009.

Christopher Stoner KC, representing Vaughan, claimed his client was denied "due process" during the ECB's investigations into the allegations.

Stoner also labelled the investigation "wholly and woefully inadequate" as the Cricket Discipline Commission (CDC) hearings concluded with closing submissions in London on Tuesday.

"The investigation was wholly inadequate," Stoner said. "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."

ECB lead counsel Jane Mulcahy focused on a series of historic tweets made by Vaughan in her closing submission.

"If a person has a tendency to make racist comments, they have a tendency to make racist comments," Mulcahy said.

"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."

Stoner pointed to the testimony of Ajmal Shahzad, one of the four players Vaughan was alleged to have made the comment about, who said that Vaughan "wasn’t that way inclined" to making racist comments as important counter evidence.

Vaughan's defence team went on the offensive with a 32-page closing written submission and a 22-page storyboard of Sky's footage of the pre-game huddle from that day.

Stoner said of the footage: "[It is] 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."

Mulcahy also defended the ECB's investigation from Stoner's claims of inadequacy, labelling it an "extraordinary amount of bitter and inaccurate correspondence".