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Ellon Gordon v Siyapa 9th June 2018

Further to previous postings, a reference to the Competitions Sub-Committee and consideration by that Committee of associated protests, along with consideration by the Management Committee of an Appeal, and request for establishment of an investigation under Rule 6 c, have now been concluded.  All parties have been informed of the outcome.

The Management Committee is clear that neither it nor the Competitions Sub-Committee has power to amend decisions taken during a match under the Law of Cricket.  This includes Law 16, which deals with the determination of a Result, based on events during the game.   Law 16.10, and the commentary on it in “Cricket Umpiring and Scoring”, makes explicit,  that while the Association has the power to void or award a fixture, or to adjust the award of points for its own competitions, if a process of protest or investigation establishes a breach of Association Rules – such as fielding an ineligible player [Rules 11 to 14], or failing to play according to the Laws of Cricket [Rule 17 m] – a formal result as determined by the application of Law 16 [in this case Law 16.3] cannot be changed.

Having heard evidence from both clubs, the Competitions Sub-Committee determined that Ellon had failed to establish reasonable grounds for not playing out the fixture.  It accordingly dismissed Ellon’s protests and awarded the game to Siyapa under Association Rule 16; but also decided that in the particular circumstances of this case, Ellon should retain the 16 bonus points to which they would normally be entitled as a losing team under Association Rule 17 (b).

Siyapa’s appeal against the latter decision was dismissed.  The Management Committee concluded that there was no evidence of bias or procedural irregularity in the Sub-Committee’s process.  Its decision was neither illegal nor sufficiently perverse to be defined as unreasonable.  The Management Committee accordingly decided that there were no grounds to uphold the appeal.  The Committee also ruled that for legal reasons associated with data protection it could not admit video evidence obtained without explicit consent.

Siyapa’s separate request for an investigation under Rule 6 c was also refused due to perceived lack of evidence of any potential detriment to the Association, as required by that Rule as grounds for instituting such an investigation.  The Management Committee however reminds all clubs that expressions which attack the integrity of opponents, whether made during or after a game, are contrary to the Spirit of Cricket and hence potential grounds for disciplinary action.

The points for this game – Ellon 16, Siyapa 30 – with details of individual performances - will now be incorporated into Cricket Stats.  A reference to the Disciplinary Committee will also now be resumed.

David M Jones

Hon Secretary

03 August 2018. 

wytbu8  Aug 9 2018 - 6:37pm   
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