Summary

  • Azeem Rafiq first made claims of racism at Yorkshire in 2020, later calling English cricket "institutionally racist"

  • Disciplinary hearing runs March 1-9 with Yorkshire Cricket Club and seven individuals all charged with bringing the game into disrepute

  • Ex-England & Yorkshire captain Michael Vaughan "categorically denies" racism allegations & due to give evidence in person

  • Matthew Hoggard, Tim Bresnan, John Blain, Andrew Gale and Richard Pyrah have all withdrawn from hearing, while Gary Ballance has admitted charge and will not participate

  • Rafiq appeared at an extraordinary DCMS select committee hearing in November 2021 to give evidence on his experiences

  • Yorkshire were temporarily banned from hosting international matches, with resignations and sackings following

  • Rafiq makes brief appearance - panel has no questions for him

  • Warning: This hearing may contain some offensive and/or discriminatory language

  1. No Rafiq evidence in person today...published at 13:42 Greenwich Mean Time 1 March 2023

    Rafiq has returned to his seat.

  2. No questions for Rafiqpublished at 13:40 Greenwich Mean Time 1 March 2023

    Panel member Mark Milliken-Smith KC tells Rafiq they do not have any questions for him after reading through all the witness statements.

  3. Azeem Rafiq to give evidencepublished at 13:33 Greenwich Mean Time 1 March 2023

    The hearing is now resuming.

    Azeem Rafiq is up.

  4. Postpublished at 12:50 Greenwich Mean Time 1 March 2023

    The hearing has now broken for lunch and will return around 13:30.

  5. The ECB case against Hoggard continuedpublished at 12:47 Greenwich Mean Time 1 March 2023

    The second aspect in the charge against Hoggard relates to the use of a racial slur.

    Rafiq alleged Hoggard would use the phrase so often that it was not possible to pinpoint dates, but highlighted early 2008. Other witnesses have not corroborated the specific examples charged in which Hoggard is alleged to use the slur but Hoggard has admitted using it.

    Despite his admission of using the word or phrases including the word, and contribution to group chats in which it was used, Hoggard maintained he could not recall specific instances of ever using the word.

    His defence was that he would only have used it in the context of a conversation in which the word was intorduced by players of Asian heritage.

    The ECB lawyer said it's clear from the admission that Hoggard contribute to an environment in which the systemic use of such racist language was common.

    The third aspect relates to the use of the phrase 'you lot' which Rafiq says was used when referring to a group of Asian players.

    Hoggard denied he had ever referred to Asian players as 'you lot' or any other ethnic group. There are no witnesses to corroborate specific instances.

    The ECB says the panel are entitled to infer that Hoggard used this term due to his non-participation in proceedings.

    The lawyer says on the balance of probabilities, it is more likely than not, in light of the systemic use of racist/discriminatory language at Yorkshire at the time to which Hoggard admits contributed, that Hoggard did use this phrase in a discrimatory way.

    The fourth aspect refers to the use of 'TBM' or 'token black man'. Ismail Dawood alleged Hoggard used the term in the Yorkshire dressing room and in public.

    Hoggard said Dawood referred to himself as the 'token black man' because he was the only black man on Hoggard's stag trip to Dublin. Dawood 'vehemently denies' this, saying Hoggard had used the phrase towards him throughout the 2004 season.

    The ECB lawyer said the panel are entitled to infer Hoggard used the phrase, again because of his non-participation in the hearing and the earlier ECB investigation.

    She concludes by saying the panel should find Hoggard committed the alleged conduct, "causing prejudice and/or disrepute for cricket and himself".

  6. 'Highly likely' Hoggard used offensive term - ECBpublished at 12:46 Greenwich Mean Time 1 March 2023

    The ECB is now going into the detail of the charge against Hoggard.

    It begins with Azeem Rafiq's allegation that Hoggard use a nickname for him that is racially offensive in South Africa on Rafiq's first-team debut against Nottinghamshire on 27 June 2008.

    Hoggard has admitted using this phrase but denied creating it. Rafiq refutes Hoggard's statement that he did not create the name.

    Rafiq has stated he thought the term was used in the sense of "Muslim non-believer" and was unaware of the South African context at the time. Rafiq added it was "still a pretty offensive name" even in the Islamic sense, albeit not as offensive as the South African context.

    Hoggard, who played in South Africa, has admitted knowing the word was deeply offensive but claimed other Muslims in the first team used the term because Rafiq drank alcohol. Rafiq denies this.

    The ECB's case it that it is "highly likely" Hoggard did realise the "potentially racist or discriminatory meaning" because of his experiences in South Africa.

    They add that given there was a "systemic use of racist or discriminatory language" at Yorkshire during the relevant period and that Hoggard has admitted using another racial slur, that increases the "likelihood of similar words or phrases being used".

    The ECB conclude that it is "reasonbale for the panel to draw an adverse inference" from Hoggard's refusal to participate and that it is "more likely than not that this phrase was used in a racist or discriminatory sense".

  7. The ECB case against Hoggardpublished at 12:31 Greenwich Mean Time 1 March 2023

    The ECB is outlining its case against former England and Yorkshire bowler Matthew Hoggard.

    It states Hoggard said he was never invited to take part in the Squire Patton Boggs investigation. The ECB state that the Squire Patton Boggs investigation team sent two emails to Hoggard and left a voicemail for him on 11 March 2021. They said Hoggard denies receiving the emails.

    The ECB's lawyer adds that Hoggard's decision not to participate means the weight that should be given to three witness statements submited in support of Hoggard is "significantly reduced".

    The ECB say the case against Hoggard creates "a picture of an at the very least unconscious" use of racist language, contrary to directive 3.3 and highlights his admitted use of racial slurs.

    They added that the admission made by Hoggard and Gary Ballance convey a "prevailing atmosphere" in which a racial slur against players of Pakistani heritage was "commonly used", which also tallies with Yorkshire's admission it failed to adequately deal with racist language.

    They say this all "increases the likelihood Matthew Hoggard used the language set out in the charge".

  8. 'Misrepresentations made to the media'published at 12:19 Greenwich Mean Time 1 March 2023

    The ECB lawyer continues, saying that misrepresentations about the disciplinary process were made to the media by some of those not appearing at the hearing.

    Richard Pyrah asserted he was never once accused of or asked about any specific racist allegation made against him, before being charged by the ECB on points he had never heard of or been questioned about before.

    She says Pyrah was written to on 9 February 2022 by ECB and the allegations in respect of his conduct put to him. That conduct concerned racist and/or discriminatory language.

    He responded in writing on 20 February 2022 "in some considerable detail" and provided an interview transcript from during the Yorkshire investigation. He requested an interview and that was conducted on 8 April 2022. He was charged by the ECB on 15 June 2022.

    Tim Bresnan also said he hasn't been interviewed. The lawyers says this is also incorrect and a trasncript has been provided to the panel.

    Matthew Hoggard made a similar claim but was written to by the ECB and provided with the opportunity to respond, which he did before saying he would not respond further. He was therefore not interviewed.

    The lawyer concludes by saying "by withdrawing from the proceedings, the respondents have denied themselves the opportunity to challenge Rafiq's allegations for themselves".

  9. Ballance and Hoggard chargespublished at 12:14 Greenwich Mean Time 1 March 2023

    In relation to Gary Ballance and Matthew Hoggard who have admitted charges.

    In November 2022, Ballance admitted a breach of ECB directive 3.3.

    He used a racial term towards Rafiq on a number of occasions, including remarks such as "don't talk to the [racial slur]", using the term 'Kevin' to describe Asian players and comments like 'he's not a Sheikh, he's got no oil' when Rafiq was talking to women.

    He made the following comments to Rafiq on the YCCC coach travelling to matches, including 'is that your uncle there?' when pointing to Asian men with beards, and asking 'does your dad own those?' when pointing to corner shops.

    Hoggard admitted to breaching ECB directive 3.3 in part.

    He admitted to using a racial slur that he says was widely used throughout the squad because a number of players of ethnic minority referred to themselves as such. He admits it is objectively discriminatory but stated their was no intent of discrimination.

    He admitted to using the acronym TBM and/or phrase 'Token Black Man' towards Ismail Dawood. He admits it is objectively discriminately but had no discriminatory intent.

    Hoggard spoke to BBC Sport last month - read that interview here.

  10. The four charges against Yorkshirepublished at 12:11 Greenwich Mean Time 1 March 2023

    The ECB's lawyer has laid out the four amended charges that Yorkshire has admitted to...

    1. Yorkshire 'mishandled' the Squire Patton Boggs investigation into Rafiq's initial claims of racism on the basis of a letter from Yorkshire on 8 October 2021, signed by former chairman Roger Hutton, sent to the ECB and "rejecting the report's findings in respect of allegations the report had upheld".

    This charge also took into account Yorkshire stating that no disciplinary action would be taken against individual implicated in the report and it's "failure to take adequate disciplinary action" against then employees about whom allegations were upheld in the report.

    2. The alleged mass deletion of emails and/or documents held electronically within Yorkshire's possession or control that related to the Rafiq. This mass deletion was carried out by "persons unknown" on a "date unknown" but took place by November 2021.

    Yorkshire confirmed it had admitted this charge last week.

    3. The ECB allege that Yorkshire "failed to take adequate action" on alleged racism or discriminatory behaviour on the part of board members and employees of Yorkshire as well as spectators in the ground at home games.

    Speficially, Yorkshire were accused of failing to take adequate action on complaints made by Rafiq, an allegation of racism against an Asian family attending a Yorkshire v Lancashire match at Headingley on 11 August 2017. And an allegation from members of the crowd during a match between Yorkshire and Surrey at Scarborough on 25 June 2018.

    4. The ECB allege Yorkshire "failed to address systemic use of racist or discriminatory language over a long period" by employees or players at the club.

  11. Postpublished at 12:07 Greenwich Mean Time 1 March 2023

    The ECB's lawyer continues to say the hearing will ascertain:

    "On the balance of probabilities, did the conduct in question occur?

    "Viewed objectively, was it racist or discriminatory based on a person's membership of a particular racial or ethinic group?

    "Was the conduct prejudicial to the game of cricket, or would it bring the game of cricket into disrepute?"

  12. Postpublished at 12:04 Greenwich Mean Time 1 March 2023

    The ECB's lawyer continues that all the individuals are charged with a breach of ECB directive 3.3 which states no persons should conduct themsleves in a manner that is "prejudicial to the interest of the game of cricket" or "bring the game of cricket into disrepute".

    She adds that the definition of racism used is either "conscious or unconscious regardless of the intention of the perpetrator".

    With regards to John Blain, Tim Bresnan, Andrew Gale, Matthew Hoggard and Richard Pyrah, CDC regulation 7.11 provides the disciplinary panel may draw "such interest as it deems proper" from any choice not to appear, respond or produce any documents in support of their case.

    She reiterates that the burden of proof lies with the ECB and the standard is the civil standard, rather than criminal.

  13. Postpublished at 11:56 Greenwich Mean Time 1 March 2023

    The ECB's lawyer opens by saying this an "important case".

    She reiterates that Matthew Hoggard, Tim Bresnan, John Blain, Andrew Gale and Richard Pyrah will not participate in the hearing, but Michael Vaughan will be giving evidence after being charged with "conduct which may be prejudicial" to the interests of cricket.

    The hearing starts today, with closing exhibitions to be heard on Tuesday afternoon.

  14. Postpublished at 11:50 Greenwich Mean Time 1 March 2023

    Chair Tim O'Gorman reiterates that the Cricket Discipline Commission (CDC) is "an independent body, not employed by the ECB" and will decide these cases to a "civil standard", which is "on the balance of probabilities".

    He said that it is "regrettable" that some respondents have withdrawn from the process but added that the "ECB must still prove the cases it presents".

  15. Postpublished at 11:47 Greenwich Mean Time 1 March 2023

    The three-person panel has now appeared on the screens in the media room and are about to begin making their preliminary remarks.

  16. Who has been charged?published at 11:41 Greenwich Mean Time 1 March 2023

    As we said before, Michael Vaughan is set to be the only charged individual to appear in person following a number of withdrawals from the disciplinary process.

    Matthew Hoggard, Tim Bresnan, John Blain, Andrew Gale and Richard Pyrah have all withdrawn, while Gary Ballance has admitted liability in response to his charge and will not participate.

    Yorkshire will also not attend after the club pleaded guilty to four ECB amended charges.

  17. Who is on the panel?published at 11:39 Greenwich Mean Time 1 March 2023

    The panel comprises CDC chair, lawyer and former Derbyshire batsman Tim O’Gorman (chair), Mark Milliken-Smith KC - a lawyer with specialist knowledge of sports law - and Dr Seema Patel, a senior law lecturer at Nottingham Trent University.

  18. Postpublished at 11:36 Greenwich Mean Time 1 March 2023

    More than two and a half years have passed since former Yorkshire spinner Azeem Rafiq first made claims of racism at Yorkshire, later calling English cricket "institutionally racist".

    The hearing is to take place in public - a first for the CDC - at the request of Rafiq, who will appear in person at the hearing.

    Former England captain Michael Vaughan is set to be the only charged individual to appear in person.

    We're also expecting current England player Adil Rashid to give evidence from Bangladesh via video link at some point during the hearing.

    Azeem Rafiq arrives at the International Arbitration Centre in London on WednesdayImage source, Getty Images
  19. Good morningpublished at 11:32 Greenwich Mean Time 1 March 2023

    We're here at the International Arbitration Centre in London where the Cricket Discipline Commission (CDC) hearing over alleged racism at Yorkshire County Cricket Club is taking place.

    The hearing starts today and concludes on 9 March, but only the next three days and Tuesday's proceedings are in public. The rest will be conducted in private.

    A three-person panel will hear disciplinary proceedings brought against Yorkshire and seven individuals who were all charged by the England and Wales Cricket Board (ECB) with bringing the game into disrepute.