CDC verdicts: Charge against Michael Vaughan dismissed, five others found to have breached ECB directive

In a statement, Vaughan said he hoped an "inclusive healing process" can begin in English cricket following the conclusion of the CDC process into his case. He had been accused of using discriminatory language ahead of a Yorkshire match in 2009

Michael Vaughan arrives at the CDC hearings in London [Getty Images]

A Cricket Discpline Commission panel has thrown out a charge against Michael Vaughan relating to the use of discriminatory language.

The former England captain was one of seven men to be charged with bringing the game into disrepute following an ECB investigation into allegations of racism at Yorkshire over the past two decades.

Vaughan was claimed by former teammate Azeem Rafiq to have said "there's too many of you lot" in relation to a group of four British Asian and Asian players during a pre-match huddle ahead of a Yorkshire match in 2009. 

The CDC heard evidence relating to the case earlier in March, and delivered its verdict on Friday (March 31). 

In its verdict relating to the charge against Vaughan, which relied largely on witness testimony, the panel said: "The P=panel has been required to concentrate on the focussed evidence presented to it by both parties in respect of one comment, made in two parts, on an afternoon now nearly 14 years ago.

"This is not a case which necessitated a conclusion from the panel that anyone has lied or acted out of malice. Far from it, the panel had to consider whether the case as presented to it by the ECB, in light of all the evidence, was sufficiently accurate and reliable, on the balance of probabilities, to rule out mistake. It was not.

"These findings do not in any way undermine the wider assertions made by [Rafiq], many of which of course have been confirmed by the admissions of both YCCC and certain individuals, as well as by other findings of this Panel."

Former England captain Michael Vaughan arrives at the CDC hearings in London [Getty Images]

Inconsistencies in the witness testimony provided in person by Rafiq and Adil Rashid were referenced in the CDC verdict, as was the failure by the ECB to secure a statement from Rana Naveed ul Hasan, the second player of Asian heritage to have initially corroborated Rafiq's claims. Rana told ITV in 2021 that Vaughan had used the phrase "you lot", but the hearings did not hear testimony to that extent. 

In a statement, Vaughan said he hoped an "inclusive healing process" can begin in English cricket following his acquittal.

The former England captain criticised the CDC process, describing it as an "inappropriate, inadequate and backwards step".

"There are no winners in this process and there are better ways - there have to be better ways - for cricket to move forward positively and effectively," his statement read.

"I have never wanted to do anything that runs contrary to genuine efforts to clean up the game of cricket. I truly hope people can understand why, on a personal level, I just could not accept, or apologise for, something which I know I did not do.

"At times, this process has brought me to the brink of falling out of love with cricket. I won't address here the toll it has taken on me and my family, but I have no doubt it has also been incredibly stressful for all the others concerned. 

"I hope that for them and for cricket, an inclusive healing process can now begin".

Vaughan was the only individual prepared to face questioning at the CDC hearing, with Matthew Hoggard, Tim Bresnan, John Blain, Richard Pyrah and Andrew Gale all declining the opportunity to defend themselves. The five men all explained their decision not to attend by saying they had lost trust in the ECB's investigation and the disciplinary process. 

Matthew Hoggard is interviewed by Jonathan Agnew on Test Match Special [Getty Images]

Former England, Warwickshire and Yorkshire allrounder Tim Bresnan [Getty Images]

The charge against Hoggard was upheld by the CDC. Hoggard submitted a witness statement to the hearings in which he admitted using racially discriminatory language, including the nickname "Rafa the Kafir" for Rafiq , use of the word "P***", and the phrase "token black man" or "TBM" abbreviation. 

An accusation by Rafiq that Hoggard used the phrase "you lot" in a discriminatory fashion was not found to have been proven by the CDC panel. 

Two aspects of allegations made against Bresnan - the use of the words "brothers" or "bros", and the phrase "you lot", in a discriminatory manner - were found not to be proven by the panel.

Bresnan has, however, been found to be in breach of ECB directive 3.3 over the use of the phrase "fit P***" in relation to some Asian women, including Rafiq's sister.

The former England allrounder denied the allegation in a witness statement provided to the ECB investigation, part of which read: "It has been alleged that I used this term to describe attractive Asian women. This is not a phrase I have ever used, nor would I ever use it."

The CDC verdict states: "The Panel is satisfied that, viewed objectively, the words used by [Bresnan] were racist and/or discriminatory on the basis of a person's membership of a racial or ethnic group. In those circumstances therefore it is satisfied that the conduct of [Bresnan] is prejudicial to the interests of cricket and brings the game itself into disrepute."

"It's time to reflect, learn and implement change"

Azeem Rafiq

The charge of bringing the game into disrepute laid against former Yorkshire and Scotland player and coach John Blain was also upheld by the CDC panel.

Blain was alleged by Rafiq and former Scotland international Majid Haq to have used the word "P**" on multiple occasions in the late 2000s and early 2010s.

Blain denied the claims, saying in a witness statement to the ECB investigation: "P*** was a word that I never used at Yorkshire or anywhere else." 

The verdict stated that "the Panel has drawn the reasonable inference from [Blain's] failure to attend this Disciplinary Hearing that he did not feel that he had an answer to the ECB's case which would sensibly stand up to cross-examination."

The charge against Pyrah was upheld, though the panel again said use of the phrase "you lot" in a discriminatory manner was not proven. Pyrah was found to have breached ECB directive 3.3 over the use of the phrase "fit P***".

Pyrah denied ever using the phrase, or the abbreviation "FP" in his witness statement to the investigation.

Gale was found to have brought the game into disrepute over the use of the phrase "Rafa the Kaffir" and the word "P***". The former Yorkshire captain and coach has always denied the charges. 

In a statement on Friday, Rafiq addressed the verdicts, at the end of a two-and-a-half year saga.

Azeem Rafiq pictured outside the CDC hearings in March 2023 [Getty Images]

He said: "Charges against seven of the eight defendants, including the widespread use of the P word, have been upheld by the CDC today.

"This comes in addition to the other reports, panels and inquiries that found I and others suffered racial harassment and bullying while at Yorkshire.

"The issue has never been about individuals but the game as a whole. Cricket needs to understand the extent of its problems and address them. Hopefully, the structures of the game can now be rebuilt and institutionalised racism ended for good.

"It's time to reflect, learn and implement change."

Unlike in criminal court, where charges have to be proven beyond reasonable doubt, the CDC panel considers charges on the balance of probabilities. 

Yorkshire have already admitted to four ECB charges, and will face a sanctioning hearing at a late date.

A club statement on Friday read: "Throughout the Cricket Discipline Commission proceedings brought by the England and Wales Cricket Board, Yorkshire County Cricket Club has been driven by a determination to learn from the past. As a lub, we needed to accept and take accountability for the cultural issues which allowed racist and discriminatory behaviour to go unchallenged.

"It is not for the club to comment on the wider judgments made by the panel. Our focus remains on achieving a reasonable sanction, and we will make representations in due course to the CDC panel.

"In the meantime, the board is working hard to secure the club's long-term future as we continue on our road to recovery, and we are making great progress in our ambition to become a more inclusive and welcoming club for all.”

Gary Ballance, the ex-England batsman, accepted the charge laid against him and therefore did not have his case heard at the CDC hearings. He has since relocated to Zimbabwe, and begun a second international career with the country of his birth.

Yorkshire CCC's home ground, Headingley [Getty Images]

The CDC panel for the hearings consisted of chair Tim O'Gorman, Mark Milliken-Smith KC and Dr Seema Patel. The ECB describes the CDC as operating "at arm's length" from the governing body in an independent capacity. 

ECB chairman Richard Thompson described the investigation and hearings process as "incredibly challenging for our sport", which has "taken a clear toll on everyone involved".

 "This has been an incredibly challenging period for our sport, but one we must all learn from in order to make cricket better and more inclusive. When Azeem Rafiq spoke out about his time in cricket, he exposed a side of our game which no one should have to experience. We are grateful for his courage and perseverance," Thompson said.

"Given the nature of these cases, they have taken a clear toll on everyone involved. There now needs to be a time of reconciliation where, as a game, we can collectively learn and heal the wounds and ensure that nothing like this can ever happen again.

"This has been the most complex and thorough regulatory investigation and disciplinary process that the ECB has ever conducted. It covered emotive allegations spanning a period of nearly 20 years with rigour and diligence and was overseen throughout by industry-leading KCs and three very experienced independent members of a sub-group of the regulatory committee.

"The decisions published today are the findings of an independent CDC Panel, reaching its own decisions based on the evidence before it, and it is now for the panel to determine what sanctions are appropriate where charges have been admitted or upheld. Having only received the decisions today, we will need time to consider them carefully.

"At its best, our sport is one that brings people together and connects communities. It is now time, as we also prepare to receive the report of the Independent Commission for Equity in Cricket, to work together to continue, expand and accelerate the work that is under way to change for the better, so that we can make cricket the UK's most inclusive sport."

The ICEC report, which has spoken to several thousand witnesses over the course of two years, is due to be published imminently. It is widely expected to be damning of the state of the sport in England and Wales.