The form of Michael Vaughan’s “life and livelihood” are at stake on the Yorkshire racism listening to, his lawyer mentioned on Tuesday.
Former England captain Vaughan is accused by the England and Wales Cricket Board of constructing a racist remark to Azeem Rafiq and three different Yorkshire gamers earlier than a match in 2009.
For the reason that expenses had been introduced Vaughan misplaced roles as a tv pundit and revealed on the listening to in London that his well being and wellbeing had suffered.
Christopher Stoner, KC, advised the Cricket Self-discipline Fee in London: “That is clearly a matter of great significance to my shopper. The form of his life and livelihood are at stake.
“We merely say the proof doesn’t make up the cost.”
Vaughan is alleged to have advised Rafiq, Adil Rashid, Rana Naved-ul-Hasan and Ajmal Shahzad: “There’s too lots of you lot, we have to have a phrase about that.”
Stoner accused the ECB of backtracking as a result of a discrepancy in regards to the second half of the remark, as Rafiq additionally recalled it was: “We have to do one thing about it.”
ECB lawyer Jane Mulcahy, KC, admitted: “It’s a bit messy, I see that.”
However she reiterated that the important thing phrases “you lot” is what the disciplinary panel ought to give attention to.
Vaughan, who attended the listening to on Friday, maintains he has no recollection of constructing the remark, and his lawyer cited what he referred to as “the frailties of human recollection” of an incident that occurred nearly 14 years in the past.
Replace on expenses towards Yorkshire CCC and others
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“Mr Rafiq says he has a transparent recollection, however not of the precise phrases,” mentioned Stoner.
“He mentioned it made him really feel sick and indignant however he didn’t discuss it for 11 years.
“We are saying it’s inherently inconceivable he wouldn’t have spoken about it to somebody.”
Stoner additionally criticised what he referred to as the “wholly insufficient” investigation by the ECB, notably its failure to contact different gamers concerned within the match, the umpires or a Sky digital camera operator whose footage fashioned a part of the proof.
“Due course of issues and in our submission it was despatched on vacation by the ECB,” he added.
Vaughan’s 32-page closing written submission, accompanied by a 22-page storyboard of the Sky footage, said: “As this listening to closes, now some 5,006 days after the phrases had been alleged to have been spoken, the burden of proving that the phrases had been mentioned, which is so plainly on the ECB, has merely not been discharged.
“The general reliability, sufficiency and weight of the proof, within the context of what’s a really critical matter, is such that it’s merely not potential for the panel to find out that it’s extra possible than not that the alleged phrases had been spoken by Mr Vaughan.”
Stoner mentioned it was “inherently inconceivable” Vaughan would have made such a remark inside earshot of a digital camera operator with a microphone, “when so far as he knew it was being broadcast to the general public”.
Earlier, ECB lawyer Mulcahy had asserted that it was “inherently possible” that Vaughan made the remark.
She mentioned the very fact Vaughan shook arms with “solely the Asian gamers” was telling.
“This motion clearly signifies that he identifies the 4 cricketers as a definite group, per the phrases ‘you lot’,” she mentioned.
The ECB’s closing submission learn: “Michael Vaughan can not refute the phrases as a result of he can not keep in mind saying them. As a substitute, he asserts he wouldn’t have mentioned these phrases.”
The alleged remark, the ECB mentioned, was made solely a 12 months earlier than Vaughan despatched some tweets which the 48-year-old later agreed had been “fully unacceptable”.
“These tweets had been ostensibly light-hearted however in actuality had been offensive, as he additionally accepted,” added the submission.
“His remark to the gamers on June 22, 2009, was in the identical vein.”
Mulcahy concluded: “The CDC ought to discover that Michael Vaughan mentioned the phrases alleged; that the phrases had been racist and/or discriminatory, and that the phrases could also be prejudicial to the pursuits of cricket or might convey Michael Vaughan or the sport of cricket into disrepute.
“That being the case, Michael Vaughan is in breach of directive 3.3.”
The circumstances of former Yorkshire head coach Andrew Gale and ex-bowling coach Richard Pyrah – who together with Matthew Hoggard, Tim Bresnan and John Blain didn’t attend the listening to to defend themselves – had been additionally heard. Each deny utilizing racist and/or discriminatory language.
A seventh participant, Gary Ballance, admitted a cost whereas Yorkshire have admitted 4 expenses, together with one which it “failed to deal with systemic use of racist and/or discriminatory language over a chronic interval”.
The listening to is scheduled to proceed in non-public on Wednesday and Thursday.
CDC chair Tim O’Gorman wrapped up the general public part of the proceedings, saying: “These are judgments that want cautious consideration. These are choices that will likely be given in writing, and we hope to have them by the tip of the month.
“Nonetheless, I hope you perceive the panel has appreciable skilled commitments.”