<\/p>\n
The England and Wales Cricket board conducted a \u201cwoefully inadequate investigation\u201d into Michael Vaughan that displayed \u201cactual bias\u201d and was \u201can affront to fairness\u201d, the final day of the Yorkshire<\/a> racism hearing was told.<\/p>\n In his closing submission, the former England captain\u2019s legal counsel, Christopher Stoner KC, questioned why the ECB<\/a> had initially withheld a statement from Ajmal Shahzad that backed Vaughan\u2019s claims that he had never uttered the phrase \u201cthere are too many of you lot\u201d to four Asian players before a Twenty20 game in 2009.<\/p>\n Stoner also raised concerns to the Cricket<\/a> Disciplinary Commission that the ECB had not spoken to the umpires, cameramen or many of the players at the game before charging Vaughan.<\/p>\n \u201cThe investigation in this case was woefully inadequate,\u201d he said. \u201cDue process matters and it is the cornerstone of law. But in our submission it was sent on holiday by the ECB. It raises a real question of fairness, which Mr Vaughan has not been afforded.<\/p>\n \u201cGiven the nature of the allegation, the minimum requirement for any fair-minded investigation was to speak to everyone involved. Instead there was a prosecution from the outset,\u201d added Stoner, who said it amounted to \u201cevidence of actual bias\u201d.<\/p>\n Stoner also questioned why Vaughan would ever have used such a phrase when a Sky TV cameraman was next to the Yorkshire team\u2019s huddle. \u201cIt is inherently improbable that such serious and unacceptable words were spoken to teammates just as a game was starting, in the presence of a cameraman and almost certainly a microphone,\u201d he said. \u201cAnd were then not spoken about for a period of 11 years between any of those involved.\u201d<\/p>\n Concluding his case, Stoner told the panel that the case was of considerable importance to Vaughan, adding that \u201cthe shape of his life and livelihood are at stake\u201d.<\/p>\n However Jane Mulcahy KC, counsel for the ECB, said Vaughan\u2019s insistence that he had never heard the P-word during an era where Yorkshire have already admitted systemic racism raised doubts about his credibility.<\/p>\n \u201cMatthew Hoggard had admitted to using the words \u2018Paki\u2019 and \u2018token Black man\u2019 and the phrase \u2018you lot\u2019,\u201d she said. \u201cWhile Gary Ballance had admitted to using a number of discriminatory words, including \u2018Paki\u2019 to Azeem Rafiq<\/a> on numerous occasions.<\/p>\n \u201cMr Vaughan played in 35 games for Yorkshire in the 2008 and 2009 seasons, 17 of which he played with Mr Hoggard, yet claimed not to have heard any use of the word \u2018Paki\u2019. His response was simply not credible, and therefore undermines his credibility generally.\u201d<\/p>\n Mulcahy also alleged that three tweets, sent by Vaughan in 2010 and 2017 which he has since admitted were unacceptable, were indicative of a general pattern. \u201cIf a person has a tendency to make racist comments, they have a tendency to make racist comments,\u201d she said.<\/p>\n Mulcahy also told the hearing that Vaughan had been charged on \u201ccredible evidence\u201d from Rafiq, corroborated by Adil Rashid and supported by Naved-ul-Hasan, adding there is \u201cno suggestion they have lied or conspired together\u201d. And she denied claims that the ECB had been biased, telling the hearing the claims were \u201cvery inappropriate\u201d.<\/p>\n Vaughan is charged with a violation of ECB directive 3.3, related to improper conduct, along with five other players \u2013 Tim Bresnan, John Blain, Matthew Hoggard, Andrew Gale and Rich Pyrah \u2013 who have had charges heard against them in their absence. The chair of the three-person panel, Tim O\u2019Gorman, told the court he hoped to announce a written verdict in the next three weeks.<\/p>\n \u201cThese are judgments that need careful consideration,\u201d he said. \u201cWe hope to have them by the end of the month. However I hope you understand the panel has considerable professional commitments.\u201d<\/p>\n<\/div>\n