Vaughan's legal team want charge of using racist language dismissed

Michael Vaughan’s legal team call for the charge of using racist and discriminatory language to be dismissed on the balance of probability following Azeem Rafiq’s allegation, with a verdict on ex-England captain’s conduct expected this week

• Michael Vaughan is accused of using racist and/or discriminatory language 
• Azeem Rafiq claims Vaughan said ‘there’s too many of you lot’ to Asian players
• Vaughan’s legal team want the charge dismissed on the balance of probability 

In a 31-page closing submission delivered to the Cricket Discipline Commission (CDC), Michael Vaughan’s legal team argued that the Charge of using racist and/or discriminatory language against the former England captain should be dismissed on the balance of probability.

Vaughan’s closing submission stated, ‘the evidence before the panel is not of sufficient weight or reliability’ and suggested that 5006 days after Vaughan was alleged to have made the comments, the ECB failed to satisfy the burden of proof.

Christopher Stoner KC, Vaughan’s lawyer, also highlighted flaws in the ECB’s investigation, specifically the fact that as many players as possible, in the Yorkshire team against Nottinghamshire in 2009, weren’t sought out or interviewed.

A 22-page storyboard of the Sky footage from the game also forensically examined a two-minute clip showing the Yorkshire players in a huddle and where Vaughan shook hands specifically with just the four Asian players in the team.

The ECB’s closing submission however noted that three of the four Asian players recalled Vaughan making the ‘There’s too many of you lot’ comment and that the decision to charge Vaughan was based on Adil Rashid and Rana Naved-ul-Hasan corrobating Rafiq’s allegations.

Former England captain Michael Vaughan denies using racist and/or discriminatory language 

Azeem Rafiq claims Vaughan used the language when addressing four Asian players in 2009

It also highlighted offensive tweets published by Vaughan in 2010, which they argued were ‘in the same vein’ as his alleged comments to the four players. Vaughan agreed the tweets were ‘completely unacceptable.’

Mulcahy asked the Panel to make their decision on the balance of probabilities, and when viewed objectively, decide whether the words were racist and/or discriminatory.

She also asked the Panel, made up of former Derbyshire batter Tim O’Gorman (Chair), Mark Milliken-Smith KC and Dr Seema Patel to consider whether the conduct may be prejudicial to the interests of cricket and/or bring the game into disrepute.

The Panel will hear from Stoner on behalf of Vaughan before deliberating and delivering their final decision, which is expected this week. Earlier, they heard evidence relating to charges against ex-Yorkshire coach Andrew Gale and former bowling coach Richard Pyrah.

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