ECB deny suggestion key figures in racism investigation were not interviewed as CDC hearings begin

JAMES COYNE: The cases of Tim Bresnan and Matthew Hoggard were heard by the panel on Wednesday. ECB lawyers also disputed Hoggard's claim that the ECB had been "refusing to hand over evidence" in their investigation

The ECB denied claims by former Yorkshire players Matthew Hoggard, Tim Bresnan and Richard Pyrah that they were not invited to be part of their investigation into racism at the club, as the first day of disciplinary hearings into the saga began in London.

ECB lawyers set out their case on the opening day of the Cricket Discipline Commission (CDC) hearings, more than two years and a half years after Azeem Rafiq first disclosed his allegations of racism dating back to his two spells at Yorkshire.

The hearings centred on alleged breaches of ECB directive 3.3 – pertaining to conduct "improper or which may be prejudicial to the interests of cricket or which may bring the ECB, the game of cricket or any cricketer or group of cricketers into disrepute".

Seven individuals, all former Yorkshire players or coaches, were charged by the ECB on June 22, 2022.

Only one of the seven, Michael Vaughan, will defend himself in person. Bresnan, John Blain, Andrew Gale, Hoggard and Pyrah have all declined to appear at the hearings, citing a lack of confidence in the process.

Jane Mulcahy KC, representing the ECB, alleged that Bresnan used the phrase "Fit P***" to refer to South Asian women he found attractive, including Rafiq's sister.

Tim Bresnan in action for Yorkshire in 2018 [Ashley Allen/Getty Images]

Rafiq's sister, Amna, was on work experience at Yorkshire during their pre-season press day in 2014 when, the ECB alleged, Bresnan made the comment in the presence of team-mates Gary Ballance and Richard Pyrah, and within Azeem's earshot.

It was also alleged that Bresnan used the abbreviation "FP" while in Rafiq's presence, to refer to an Asian woman he saw in a hotel bar in Birmingham.

Bresnan denies these allegations entirely. He said he had never met Amna Rafiq, though later admitted he saw her from afar during her time at Leicestershire, and had no specific recollections of being at that 2014 media day. He said he had never been in a bar alone with Azeem Rafiq.

Bresnan was accused of using the phrase "you lot" to refer to Asian players. Bresnan admitted the phrase would be used at Yorkshire on a "day-to-day" basis.

But he denied using the term insofar as constituting a breach. He denied directing the phrase towards Rafiq and Adil Rashid in the dressing room prior to a County Championship match against Derbyshire at Headingley in 2012.

Bresnan admitted asking Moin Ashraf at T20 Finals Day in 2012 why he and other Asian players prayed before they bowled, but claimed that he was genuinely interested, and had not asked the question in an adverse way. He denied using the phrase "you lot" in this context.

Bresnan was also accused of referring to Rafiq, Rashid, Ajmal Shahzad and Rana Naved-ul-Hasan as "the brothers" in a discriminatory context.

He admitted generally using the term "brothers", but not as an identifier of any player or group, and not in any racial or discriminatory context.

The ECB noted that the earlier Squire Patton Boggs (SPB) report into the Yorkshire case – never published in full – upheld an allegation of bullying of Rafiq by Bresnan. But the report did not uphold the allegation that Bresnan showed hostility to Rafiq on the grounds of race or religion, saying there was insufficient evidence to prove it on the balance of probabilities.

Bresnan strongly denies using racist language towards Rafiq or anyone else.

Earlier in the day, the ECB maintained that admissions by Hoggard and Ballance "evidenced a prevailing atmosphere" at Yorkshire CCC in which the word "P***" "was commonly used".

Hoggard had admitted breaching ECB directive 3.3 "in part".

Former England international seamer Matthew Hoggard in 2019 [Stu Forster/Getty Images]

The former England seamer and 2005 Ashes winner admitted to using the term "Rafa the Kaffir" to refer to Rafiq. He admitted using the term during their time as Yorkshire team-mates, but denied inventing the nickname, saying it originated after another team-mate referred to Rafiq as "Rafa". He denied employing the term with its racist meaning, but did know that it was offensive when used in a South African context.

Hoggard said he "did not specifically remember” using the term "P***" himself, but accepted he had been part of group chats where the term was used. While he accepted there was an "objective breach" of directive 3.3 by him regarding both use of the word "P***" and the phrase "token black man" to refer to former Yorkshire team-mate Ismail Dawood, he maintained there was no discriminatory intent.

Blain, the former Yorkshire and Scotland seamer, was accused of using the term "P***" while a coach at Yorkshire in 2010 and 2011. He denies the allegations, or of using the term at all.

The SPB report had upheld an allegation of him using the word.

In their opening submissions, ECB lawyers also disputed Hoggard's claim that the ECB had been "refusing to hand over evidence" in their investigation, saying the "ECB has provided the respondents with hundreds of documents and voluntarily waived privilege over all of its communications with individuals who are not witnesses".

Hoggard claimed he was never invited to take part in the SPB investigation. But the ECB alleged the SPB investigation team sent two emails to Hoggard and left a voicemail for him on March 11, 2021. They said Hoggard had denied receiving the emails.

Bresnan claimed recently: "They [the ECB] just charged me... without speaking to me." But the ECB said they had the transcript of his interview.

Pyrah asserted, when dropping out of the ECB process, that "during the investigation I was never once accused of, or asked about any specific racism points against me. Then I found out I had been charged by the ECB on racism points I had never heard of, or [had been] questioned on, before."

However, the ECB claim to have written to Pyrah addressing the allegations on February 9, 2022, and that he responded in detail 11 days later. They said he was also interviewed by the ECB on April 8, 2022, during which the allegations were put to him.

Prior to the hearings Yorkshire CCC admitted culpability on four breaches of directive 3.3 as part of a plea bargain negotiated with the ECB, and as such their officials will not be attending. Yorkshire accepted four amended charges relating to allegations of a racist culture at the club, which resolved liability on those specific counts, and removed the threat of two further charges.

Azeem Rafiq arrives at the Cricket Disciplined Commission hearings on March 1, 2023 [Daniel Leal/AFP via Getty Images]

Ballance has already accepted five charges of racist behaviour against him, including the use of racist language. He was also not required to appear at the hearings. The former England Test batsman has already left his Yorkshire contract with two years left to run, and relocated to his native Zimbabwe, where he has begun a second international career.

These CDC hearings will concern only issues of liability, with any sanctions to be issued at a later date.

The civil standard of proof applies, meaning the CDC panel must be satisfied that the event in question is more than likely to have occurred – as opposed to the criminal standard, where the prosecution must prove the case against the defendant beyond reasonable doubt.

The CDC panel is made up of (chair) Tim O'Gorman, Mark Milliken-Smith KC and Dr Seema Patel. This is the first CDC hearing to have taken place in public, with accredited members of the press able to watch sections of the hearings via videolink.

The hearing continues on Thursday (March 2). Gale's and Pyrah's cases are scheduled to be heard first, before Vaughan appears in person. Rashid is expected to appear as a witness via videolink from Bangladesh, where he has been representing England in the ODI series.