Calls for Michael Vaughan to return to BBC after being cleared of racism
By Nick Hoult
The BBC faces growing calls to reinstate Michael Vaughan to their cricket coverage after he was cleared of using racist language while a Yorkshire player 14 years ago.
The Cricket Discipline Commission announced on Friday that an allegation made by Azeem Rafiq that Vaughan had told four Asian players “There are too many of you lot, we need to have a word about that” in 2009 was not proven, in part due to “significant inconsistencies in the evidence” of both Rafiq and key witness Adil Rashid.
Five other individuals who played at Yorkshire, including former England players Matthew Hoggard and Tim Bresnan, were found to be partially guilty of using racist language.
But with Vaughan’s name cleared, there are already calls for him to resume his roles with the BBC after twice being stood down during the investigation.
“So happy for my friend, a good man appallingly maligned by this grotesquely unfair witch-hunt,” said television presenter Piers Morgan. “BBC must reinstate him asap.”
Vaughan was a prominent part of the broadcaster’s cricket coverage, having been a member of the Test Match Special commentary team and one half of the BBC 5 Live cricket show alongside Phil Tufnell.
Vaughan is no longer contracted to the BBC, but he could enter the frame to return for this summer’s Ashes series.
“We note the findings by the Cricket Discipline Commission in relation to Michael Vaughan,” a BBC spokesperson said. “Michael is not currently under contract with the BBC, although we have remained in touch with him throughout the process. At this stage, we won't be commenting further.”
Vaughan's solicitor Paul Lunt, said: "It's no secret [Michael] has had some dark days and some tough times. It's just great to be able to get to a position where there is closure now and he and cricket and everybody concerned is able to try and move forward.”
The verdict on Vaughan came after three weeks of deliberations. Vaughan responded to the news by saying that there are “no winners in this process”.
Criticising the way the investigation into him was handled, he added: “There are better ways – there have to be better ways – for cricket to move forward positively and effectively.”
In the judgments handed down on Friday morning, other players and coaches at Yorkshire were found guilty of racist language, including widespread use of the word “p---”.
Responding to those verdicts, Azeem Rafiq said: “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.”
Vaughan found not guilty, as it happened
12:01 PM
Now for the appeals
To recap this morning's news: Michael Vaughan has been found not guilty of using racist language at Yorkshire and the ECB has been criticised for its investigation into his alleged "you lot" comment.
Other figures at Yorkshire have been found guilty, however, with at least one of those announcing his intention to appeal.
More comment and analysis to follow all day on www.telegraph.co.uk/cricket.
11:45 AM
Azeem Rafiq: 'Cricket needs to understand its problems'
Azeem Rafiq has issued the following statement, highlighting the widespread – and now proven – use of the word "p---" at Yorkshire.
“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.”
11:41 AM
How the appeals process will work
Yorkshire CCC and Gary Ballance had already pleaded guilty to all charges against them.
Those found guilty have been told they have a right to appeal.
Tim O'Gorman and his panel wrote: "Should any party wish to appeal they will have 14 days to do so from the date on which these decisions are handed down, namely by close of business on Friday 14th April 2023.... Any application for an appeal should be made to the chair of the CDC."
The panel added: "Should any party wish to make an application relating to costs, it will be dealt with on the date that the disciplinary panel sits to consider sanctions."
11:39 AM
The charges against Andrew Gale
Andrew Gale is the former Yorkshire captain and head coach. Here's how the panel judged the specific charges against him.
Charge 1
Used the term “Rafa the Kaffir”: (a) towards the former Yorkshire cricketer Azeem Rafiq on 27 June 2008 in the Yorkshire dressing room during Mr Rafiq’s Yorkshire First XI debut in the T20 Cup against Nottinghamshire in Nottingham; (b) towards Mr Rafiq on other occasions between 27 June 2008 and the end of the 2010 season.
Verdict: both proved
Charge 2
Used the term “P---”: (a) during the lunch break of a Yorkshire Second XI match against Somerset Second XI at Taunton Vale CC in September 2009, when Mr Rafiq overheard Mr Gale calling Mr Rafiq an “arrogant P---”; (b) on other occasions towards and/or about Mr Rafiq between June 2008 and the end of his first spell at Yorkshire in 2014 and/or during Mr Rafiq’s second spell at Yorkshire in 2018; (c) in 2013 referring to Mosun Hussain, a Yorkshire Academy player, as a “shit P---” during fitness training at Headingley.
Verdict: all proved
11:37 AM
The charges against Richard Pyrah
Richard Pyrah is the former Yorkshire bowling coach. The charges against him were as follows.
Charge 1
Used the term “you lot”:
a) towards and/or about the former Yorkshire cricketer Azeem Rafiq during the warm-up before a T20 Cup match between Yorkshire and Lancashire at Headingley on 17 June 2011 when referring to Mr Rafiq and his fellow Yorkshire cricketers Adil Rashid and Ajmal Shahzad by saying “why are you lot always together, why don’t you come and chill with us?” and/or “where are you lot going?”
Verdict: not proved
b) towards and/or about Mr Rafiq on other occasions in the period between 2008 and 2014 (inclusive) and/or in 2018;
Verdict: not proved
Charge 2
Used the terms “fit p---” and/or “FP” about Asian women: a) referring to Amna Rafiq as “FP” at Headingley on an official Yorkshire media day in April 2014 whilst in Mr Rafiq’s presence; b) on other occasions in the Yorkshire environment in 2014 and/or in 2018.”
Verdict: both proved
11:34 AM
ECB's case 'was not sufficiently accurate and reliable'
In concluding remarks about Michael Vaughan, the CDC added:
"The 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."
11:33 AM
The charge against Michael Vaughan, in full
Here's the full report of the panel's finding on Michael Vaughan:
Charge
It is alleged by the ECB that Mr Vaughan used racist and/or discriminatory language on the outfield just prior to the start of the T20 match between Yorkshire and Nottinghamshire at Trent Bridge on 22 June 2009.
More specifically, it is alleged that Mr Vaughan made the remark “there’s too many of you lot, we need to have a word about that” or alternatively “there’s too many of you lot”, towards the four Asian players in the team that day (Azeem Rafiq, Adil Rashid, Rana Naved ul-Hasan and Ajmal Shahzad).”
Verdict: not proved
11:19 AM
The charges against John Blain
John Blain, the former Scotland seamer, was also charged with offences related to his time working at Yorkshire as a coach. Although Blain did not defend himself in person he has already announced that he will appeal.
Charge
Used racist and/or discriminatory language in referring to Asian individuals as “P---” or “P---s”: 1. during pre-season training at Headingley in around April 2010; and/or 2. on other occasions at Yorkshire in 2010 and/or 2011.”
Vedict: both proved
11:16 AM
The charges against Tim Bresnan
Another former England seamer, Tim Bresnan, has also been found guilty of certain charges, not guilty of others and the panel found that one charge was neither proved nor disproved.
Charge 1
Used the term “the brothers”:
a) towards Azeem Rafiq, Adil Rashid, Ajmal Shahzad and Rana Naved ul-Hasan during the warm-up prior to a T20 Cup match against Nottinghamshire at Trent Bridge on 22 June 2009;
Verdict: Not statisfied on balance of probabilities
b) towards Asian players at Yorkshire by saying things like “what are the brothers doing for dinner?” between 2008 and 2014 (inclusive) and/or 2017 and/or 2018; and/or 2. the term “you lot”:
Verdict: not proved
Charge 2
Used the term "you lot:
a) towards Mr Rafiq and Mr Rashid in the dressing room at Headingley prior to a County Championship match between Yorkshire and Derbyshire on 15 August 2012;
Verdict: not proved
b) towards Moin Ashraf at the T20 Finals Day against Hampshire on 25 August 2012 in the context “why do you lot pray before you bowl”;
Verdict: not proved
c) towards Asian players at Yorkshire on other occasions at Headingley between 2008 and 2014 (inclusive) and/or 2017 and/or 2018;
Verdict: proved
Charge 3
Used the terms “fit P---” and/or “FP”: a) referring to Amna Rafiq at Headingley on an official Yorkshire media day in April 2014 whilst in Mr Rafiq’s presence; and/or b) about an Asian woman whilst sat at the Yorkshire team’s hotel bar with Mr Rafiq in Birmingham the evening before a T20 match against Warwickshire on 7 July 2018; and/or c) about Asian women on other occasions in the Yorkshire environment in 2014 and/or 2017 and/or 2018.
Verdict: all proved
11:03 AM
The charges against Matthew Hoggard
Details from that full report into today's verdicts includes the following, on Matthew Hoggard, the former England and Yorkshire swing bowler.
Charge 1
Using the term “Rafa the Kaffir”: (a) creating and using the nickname on the day of Azeem Rafiq’s first team debut for Yorkshire on 27 June 2008 during a T20 Cup match against Nottinghamshire; and/or (b) using it on other occasions towards Mr Rafiq from 27 June 2008 until leaving Yorkshire in 2009
Verdict: proved
Charge 2
Using he term “P---” towards and/or about Mr Rafiq and other Asian players, in contexts such “you P--- are all the same” and “is it because I’m a P---”, during the 2008 cricket season in the Yorkshire dressing room.
Verdict: proved
Charge 3
Using the term “you lot” when referring to Mr Rafiq and other Asian players in the Yorkshire squad in the Yorkshire dressing room, in contexts such as “you lot sit over there”, in the 2008 and/or 2009 season.
Verdict: not proved
Charge 4
Using the term “TBM” and/or “token black man” towards Ismail Dawood in 2004 and/or 2005 in the Yorkshire environment.
Verdict: proved
10:54 AM
John Blain will appeal
John Blain, who was among those found guilty of bringing the game into disrepute, is the first of those facing sanctions to announce that he will appeal.
The CDC found claims he used the term “P---” in 2010 or 2011 as "proved".
He told Telegraph Sport in response: "I'll continue to fight this by whatever means are available. I guess there will be an appeals process and a subsequent process after that will have to be also considered. I've always said that I wouldn't rule out having to go to the High Court to contest this because it's a huge miscarriage of justice. It's unfair and very difficult to digest when I've done nothing. I've done absolutely nothing wrong and that's the hardest thing."
Reflecting on separate investigations into allegations in Scotland, he added: "I've suffered north and south of the border. The collusion that was involved in England has obviously carried over into Scotland because of the characters involved. It's a very difficult situation but the Lord has given me a cross to carry and I must try to carry that as best I can.
"It's an unfair and unjust situation. The process itself will be very difficult moving forward. These things take time but I have to move on and try to get justice. It's hard to accept. I've done nothing wrong and I have the clear evidence to prove that."
10:43 AM
ECB release full report on the verdicts
In the past few minutes, the ECB has released the full report on the verdicts handed down today. Here's the full document. The most relevant details will follow in this blog.
Among the stand-out parts of this report is the admission that Azeem Rafiq's inconsistency in recalling exactly what Michael Vaughan said was key to Vaughan being found not guilty.
Rafiq's initial allegations were that Vaughan said: "There’s too many of you lot, we need to have a word about that" but in the intial investigation by Yorkshire, Rafiq said the words were: "Too many of you lot, we need to do something about it" and in a employment tribunal claim he said the phrase was: "There’s too many of you lot, we need to do something about it." By the time of the CDC hearing last month, Rafiq's witness statement said the comment was "There’s too many of you lot. We need to have a word about that".
The report into the Vaughan verdict states: "Given the specific nature of the allegation, these inconsistencies are significant, not least since these are matters which are being recalled some 11 years and more later. Moreover they also have an impact upon the clarity with which [Rafiq] states that he recalls the matter."
10:35 AM
The unanswered questions
This morning's verdict brings some closure for Michael Vaughan, but there are huge unanswered questions for the ECB and for those involved in the clean-up operation at Yorkshire.
Tom Morgan has outlined the most difficult questions that the governing body and the county have to answer, including who was responsible for deleting evidence that, according to many at Yorkshire, might have led to significant elements of the case against them collapsing.
Deleted evidence and disputed sackings: the unanswered questions for Yorkshire and the ECB
10:29 AM
Detail on the Vaughan verdict still to come
We're expecting detail from the ECB on how the verdicts were reached. That detail shoule be published very shortly on the ECB website and we'll share the most important details in this blog.
There will also be more detail on the other players who faced charges during the CDC hearings - none of whom appeared in person.
10:16 AM
Vaughan's statement: 'There are no winners'
Michael Vaughan has put out the following statement:
“It has been both difficult and upsetting to hear about the painful experiences which Azeem has described over the past three years. The outcome of these CDC proceedings must not be allowed to detract from the core message that there can be no place for racism in the game of cricket, or in society generally.
“As with others who have spoken about their time at Yorkshire, I can only speak of my own experiences and of my own time there. The dismissal of the specific charge that concerned me takes nothing away from Azeem's own lived experiences. The hearing made public that Azeem and I met 18 months ago, well before the CDC proceedings came into existence. I told him then that I am sorry for his unacceptable, negative experiences at the club I love and in the sport I love. We had what I thought was a really positive and constructive discussion. We shook hands with a shared intention to work together in order to create positive change in cricket. For my part, nothing has altered in that respect.
“There is still a job to do and I remain keen to help bring about positive change in any way that I can. Cricket has been my life.
“Particularly with an issue such as this, CDC proceedings were an inappropriate, inadequate and backwards step. One of many reasons why I hold that view is because CDC proceedings are adversarial. They invite claim and counterclaim. They invite those involved to accuse each other of untruths or of lying. The inevitable consequence of the CB's decision-making was that three former team-mates, one of whom is a current England international player, were pitted against one another in what later became a public forum for the world at large to see. Despite being criticised by the ECB for not accusing others of lying, I remain of the view that no good can come of that approach. 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.
“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 could not just 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 that it has taken on me and my family, but I have no doubt that it has also been incredibly stressful for all of the others concerned. I hope that for them and for cricket, an inclusive healing process can now begin.
“Now that the ECB's charge against me has been dismissed, I want to thank the panel for their careful attention in very difficult circumstances and to thank all of those who have given me their support during an incredibly difficult period in my life.”
10:14 AM
More on that not-guilty verdict
From Nick Hoult
At the hearing in London, Vaughan’s barrister, Christopher Stoner KC, lambasted the ECB’s case describing it as “woefully inadequate” and an “affront to fairness”. He said due process had been “sent on holiday” and the ECB had conducted a “wholly inadequate investigation." There was conjecture over what was actually said with the ECB admitting there was a grey area over the second half of the alleged phrase. Stoner also questioned why it had taken Rafiq 11 years to come forward.
Vaughan’s legal team accused the ECB of withholding evidence and setting out to prove guilt rather than get to the truth.
On the witness stand Vaughan described the case as a "terrible look" for cricket. "It's not been easy for anybody. This is not the right process to deal with word-against-word comments from 14 years ago,” he said. “Ex-team-mates fighting it out over hearsay is a terrible look for the game and a really bad look on how cricket has dealt with this situation."
The panel was also shown detailed footage of the huddle taken by Sky where all the players are seen smiling and shaking hands.
10:10 AM
Breaking: Vaughan cleared
Michael Vaughan has been cleared of using racist language while a Yorkshire player in 2009 following the verdicts delivered by the Cricket Discipline Commission.
10:04 AM
Reminder: verdict expected at 10.30am
We're expecting a public announcement about Vaughan (and others charged by the ECB) at 10.30am. If we get news of the verdict before that time, we'll announce it here.
09:44 AM
Anjan Luthra's statement about Cricket Scotland
This tweet from Anjan Luthra, who has this morning resigned from Cricket Scotland, while not strictly relevant to the Azeem Rafiq/Michael Vaughan case, does expose the impossible tension of govening bodies trying to be seen to be taking racism seriously.
I have resigned from my position as Chair and Director of Cricket Scotland Limited.
It's time the Scottish cricket community hears the truth. pic.twitter.com/r7k3ELvawo— Anjan Luthra (@anjan_luthra) March 31, 2023
09:24 AM
The unanswered questions
This morning one very big questions gets answered. But clearly the verdict on Vaughan (and others at Yorkshire) does not end the scandal around the club and around Azeem Rafiq.
In this explainer, Nick Hoult and Tom Morgan lay out some of the questions that the CDC verdicts will almost certainly not answer, including:
Why relatively few people were ever contacted about Vaughan's comment?
Whether someone at the ECB gave Lord Patel orders to sack Yorkshire staff?
How Rafiq will respond to claims that he said himself that he would play 'the race card'
08:56 AM
Cricket Scotland chairman resigns
From Tom Morgan
Cricket Scotland has confirmed that Anjan Luthra had resigned as chair with immediate effect.
Last week Azeem Rafiq called for Luthra to step down, after showing "a quite scary lack of respect to everyone". Luthra, who was only brought into the role in October 2022, recently claimed "significant progress" had been made around Cricket Scotland's approach to equality, diversity and inclusion (EDI). But Cricket Scotland has since been branded, by anti-racism campaign group Running Our Racism, as "unfit for purpose", "tone deaf" and "arrogant".
In a statement, the governing body said on Friday: "The organisation thanks Anjan for his hard work and input during his time as Chair. Cricket Scotland will make no further comment at this stage."
Cricket Scotland were not part of the discipline hearings in front of the ECB panel last month.
08:40 AM
How the Cricket Discipline Commission hearing unfolded (2/2)
On day three, the final day of live evidence, Michael Vaughan himself was cross-examined by the ECB's legal team. It emerged that six team-mates backed his version of events (from the match at which he was alleged to have made the "you lot" comment). And on probably the most dramatic day of the whole hearing, another witness claimed that Azeem Rafiq had warned him, albeit years before, that he would play the "race card".
Vaughan's legal team also used their time in front of the panel to cast severe doubt on the quality of the ECB's investigation into the Ashes-winning captain. It emerged that ECB investigators had not spoken to many of the people in and around the huddle where Vaughan's comment was alleged to have been made.
Vaughan himself again denied the central claim, and said: "The comment I have been alleged to have said is a comment where a team-mate would not be able to perform to their maximum and that's not what I'm about."
08:34 AM
How the Cricket Discipline Commission hearing unfolded (1/2)
On day one of last month's hearing, the panel heard evidence against Tim Bresnan (who had pulled out of the hearing and so was not there in person). Among other things, Bresnan was accused of referring to Azeem Rafiq's sister as a "fit p---". It was also alleged that there was a "prevailing atmosphere" of racist abuse at Yorkshire. It was also on day one that the hearing heard claims against Matthew Hoggard and John Blain (see earlier post in this blog).
On day two, Azeem Rafiq and Adil Rashid, the England spinner, were cross-examined. Inconsistencies emerged in the accounts of what exactly was said before that notorious match in 2009. Furthermore, Rafiq denied that he had blackmailed Rashid into backing his version of events.
08:19 AM
How did we get here?
While we wait for the Vaughan verdict, Tom Morgan has the most comprehensive explainer of how we reached this point in the Yorkshire racism saga.
There have been eight key staging posts.
Rafiq going public in the summer of BLM
Secrecy that surrounded the initial report into Yorkshire racism
Yorkshire's calamitous underreaction
Government spark sporting meltdown
The dramatic parliamentary hearing
Headingley civil war about Rafiq's past
Yorkshire and the ECB forget about due process
Vaughan fights to clear his name
07:45 AM
The personal toll of public accusations
It goes without saying that Michael Vaughan is just one of dozens of people whose lives have been dominated and dictated by the chaos at Yorkshire unleashed when Azeem Rafiq first went public with his allegations against the county in 2009.
Earlier this month Tom Morgan interviewed John Blain, the former Yorkshire coach, who was among the Yorkshire staff sacked as the club attempted to purge anyone with links to the alleged racist culture. Blain opened up about the effects the case has had on him, since he was personally accused of calling Rafiq a "p---" in 2010 and 2011. Blain denies that accusation and his case was not part of the recent Cricket Discipline Commission hearing.
"I had a really dark thought the other day when I looked at my son and I thought 'is he tall enough to carry a coffin?' He's only 12," Blain said.
And like many of those at the centre of the scandal, Blain lamented the way the narrative has lurched from one side to the other.
"What was difficult for me was the unfairness of it all," he said. "I just hadn't had a chance to put my side of the story across."
07:19 AM
The key elements of the case against Vaughan
Sanctions for any charges found proven, or for any charges already admitted, will be announced at a later date, so even if we learn the verdict today, we won't necessarily know what the effects on Vaughan will be.
To recap the salient points from last month's hearing, Christopher Stoner KC, Vaughan's lawyer, described the ECB's investigation of Rafiq's allegations "wholly inadequate", notably its failure to contact other players involved in the match, the umpires or a Sky camera operator whose footage formed part of the evidence.
Meena Botros, the ECB's director of legal and integrity, insisted under cross-examination by Stoner that the investigation had been thorough.
Jane Mulcahy KC, acting for the ECB, asserted that it was "inherently probable" that Vaughan made the comment. She said the fact Vaughan shook hands with "only the Asian players" was telling.
"This action clearly signifies that he identifies the four cricketers as a distinct group, consistent with the words 'you lot'," she said.
The ECB's closing submission read: "Michael Vaughan cannot refute the words because he cannot remember saying them. Instead, he asserts he would not have said those words."
The alleged comment, the ECB said, was made only a year before Vaughan sent some tweets which the 48-year-old later agreed were "completely unacceptable".
"Those tweets were ostensibly light-hearted but in reality were offensive, as he also accepted," added the submission.
"His comment to the players on June 22, 2009, was in the same vein."
06:57 AM
Michael Vaughan's 'life and livelihood' at stake
Arguably the biggest off-field scandal in the history of English cricket reaches another milestone today. Michael Vaughan, the former Yorkshire and England captain, will learn whether or not he has been found guilty of making a racist remark 14 years ago.
Sometimes the implications and developments in the Yorkshire cricket racism scandal have been hard to follow, but today's verdict is the culmination of a relatively simple case.
Effectively, three independent judges – who form the adjudication panel for the 'Cricket Discipline Commission' – have been asked to rule on whether Vaughan said to a group of four Asian Yorkshire players: "There's too many of you lot; we need to do something about it." The burden of proof in this case is the balance of probabilities, meaning that the judges must decide, essentially, whether Vaughan is likely to have made the remark.
The original allegation came from Azeem Rafiq, the former Yorkshire spinner, who was one of the players to whom Vaughan is said to have directed the comment, before a white-ball match against Nottinghamshire at Trent Bridge in 2009.
Vaughan has always denied the accusations, and first revealed that he was among those accused by Azeem Rafiq in a column for Telegraph Sport in 2021. In the hearing that took place last month, Vaughan's lawyer, Christopher Stoner KC, told the panel that the shape of his client's "life and livelihood" were at stake in this case.
The decisions of the independent Cricket Discipline Commission (CDC) panel are expected to be published on the ECB website at 10.30am, although there is a possibility they will emerge before that time.
Vaughan was the only individual charged who appeared in person at the CDC hearing held in public across four days earlier this month. Five other individuals charged – John Blain, Tim Bresnan, Andrew Gale, Matthew Hoggard and Richard Pyrah – had indicated prior to the hearing that they would not participate, with the charges against them heard in their absence.
