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Tim Bresnan accuses ECB of 'pandering' to Azeem Rafiq

Tim Bresnan - Saeed Khan/AFP
Tim Bresnan - Saeed Khan/AFP

Ashes winner Tim Bresnan claims the England and Wales Cricket Board "pandered" to Azeem Rafiq and is withholding key material in its Yorkshire racism prosecution.

In an extraordinary new attack on authorities, he brands the investigation a "circus". He says he and the likes of Matthew Hoggard are pulling out of next month's disciplinary hearing because, under the ECB's watch, the case is a "foregone conclusion".

"I do so with a heavy heart and although I have nothing to hide, the ECB have made it impossible to have a fair hearing," he says in a damning statement calling into question the validity of Rafiq's claims.  "This has been a one-sided investigation that set out to prove a particular case against me instead of objectively examining matters before any charges were brought. For this reason, I believe the outcome is a foregone conclusion."

Hoggard, Bresnan and the former Scotland bowler John Blain were among seven individuals due to appear before the Cricket Discipline Commission, which is independent from the ECB, charged with bringing the game into disrepute.

However, the three players have joined former Yorkshire captain and coach Andrew Gale in withdrawing from the process in the belief that they will not receive a fair hearing. Gale – who is Bresnan’s brother-in-law – was among 16 members of staff dismissed by Yorkshire last year.

'The investigation was not fair'

In his statement, Bresnan also launches a blistering attack on Rafiq's "well-rehearsed" dossier of claims which brought Yorkshire Cricket Club to its knees.

"Mr Rafiq’s well-rehearsed account to the Press and to Parliamentary enquiries meant no politician could test the truth or accuracy of his claims," Bresnan adds in his statement. "The CDC process, no doubt influenced by the criticisms of the initial investigation conducted by Yorkshire CCC, pandered to Mr Rafiq’s every need and seemingly uncritically accepted that his account was true. When the ECB’s legal team confirmed that I would likely face charges, it became clear that the investigation was not fair."

Rafiq was the chief witness in charges laid by the ECB against seven individuals and Yorkshire County Cricket Club. Ashes-winning former England captain Michael Vaughan was charged on one count and will appear in person to defend himself.

Last November the CDC accepted a request from Rafiq for the hearings to be held in public, breaking with decades of precedent of cases being held behind closed doors with written judgements handed down.

Bresnan's attack on the process comes after Telegraph Sport revealed an Asian team-mate of Rafiq, Ajmal Shahzad, denied many of the claims of racism, saying he did not hear Vaughan saying the "you lot" comment.

There is also growing concern that the accused may be treated significantly differently in a hearing that is currently due to allow prosecution witness, Adil Rashid - a business partner of Rafiq's - to give evidence remotely from Bangladesh.

Bresnan's statement goes on to say "certain questions were not asked of potential witnesses because of the possibility that they would not support Mr Rafiq’s allegations".

Bresnan says Azeem Rafiq's dossier of claims is 'well rehearsed' - Getty Images
Bresnan says Azeem Rafiq's dossier of claims is 'well rehearsed' - Getty Images

"Although the ECB lawyers made it clear that CDC proceedings should be held in private because of the sensitivity of the subject matter, Mr Rafiq’s legal team applied for the hearing to be in public. I still accepted that the decision, which includes reference to the evidence, would eventually be made public," Bresnan says.

Bresnan and the other accused have been dismayed by the disclosure process, claiming it has been difficult to obtain evidence that the ECB did not see as relevant to its prosecution. "By that time the ECB only provided evidence it planned to rely on to support its case and had taken a position that all other material compiled was irrelevant and did not need to be disclosed," Bresnan adds. "This could not have been further from reality because it became clear that several witnesses had given accounts that supported elements of my case."

'My trust has been shattered'

Bresnan also cited reports from a journalist with whom "Mr Rafiq has a well known close friendship" with over a string of published reports which he claimed compromised "confidential material from the process".

The reports "ended any prospect of a fair hearing", he wrote, alleging that "the ECB obtained evidence against me by promising those they spoke to that their accounts would remain confidential".

"This should be a dignified and proper process and yet it has turned into a circus," Bresnan added. "Whatever the CDC outcome, the decision cannot be fair because of the pressure it has been placed under by the ECB. The result is a foregone conclusion."

He added: "As a retired player I had no obligation to participate, but I did so in good faith and with nothing to hide. I put my trust and confidence in the ECB to conduct a fair process. Both have been shattered."

'They know they will lose'

Rafiq told Telegraph Sport in response: "Over the past two years I have been vindicated time and again. This has included a legal investigation that confirmed I was a victim of racial harassment and bullying; a Yorkshire commissioned panel that concluded I suffered discrimination; numerous apologies, both public and private, from people who witnessed or were involved in this behaviour; and others have come forward to confirm the culture in the wider game. It is regrettable that these defendants are not willing to go to a public hearing and face what happened.”

A friend of Rafiq said: "It's obvious why people are pulling out the process. It's because they know what will happen and they know they will lose."

The ECB also defended its process, adding: “Individuals are entitled to choose not to participate in the hearings if they wish, but the cases will still be heard in their absence and we are satisfied that the disciplinary process in this matter has been both rigorous and fair. The ECB’s investigation and disciplinary process has been overseen by an independent committee and specialist leading King’s Counsel (K.C.). As with any case before the Cricket Discipline Commission, defendants are entitled to a fair hearing by an independent and experienced CDC Panel where they can call witnesses, and they can also challenge the evidence in support of the charge, including through cross-examination of the ECB’s witnesses. It is entirely the decision of defendants if they choose not to take advantage of this opportunity.

“At the end of the hearing it is for the independent CDC Panel, not the ECB, to determine guilt or otherwise and any sanction.”

The charges against the seven relate to alleged breaches of ECB Directive 3.3, which says: “No participant may conduct themselves in a manner or do any act or omission at any time which is improper or which may be prejudicial to the interests of cricket or which may bring the ECB, the game of cricket or any cricketer or group of cricketers into disrepute.’’

The former Yorkshire spinner Rafiq first alleged racism at Yorkshire in 2020, which led to the charges from ECB last year. As things stand, only Vaughan, who strongly denies an allegation from 2009, Gary Ballance, and Richard Pyrah, another of the dismissed 16, remain involved in the process.