David Warner can now apply to have leadership ban lifted following sandpaper cheating scandal

David Warner can now apply to have his leadership ban lifted from Sandpapergate. But he isn’t happy with the process, as he made very clear at a Monday press conference.

David Warner has unloaded on Cricket Australia for the “traumatising” delay in making code of conduct changes which have opened the door the batting star to overturn his lifetime leadership ban.

On Monday CA confirmed it had approved changes to its player code allowing players to “apply to have long-term sanctions modified”, and Warner will take up the office in order to either overturn or at least change the terms of the ban handed down for his role in the sandpaper scandal in 2018.

But for Warner the changes have come nine months too late, having first been mooted in February, and the 35-year-old launched on the process that he said made it look like “I am campaigning, which I am not.”

“That’s where it’s been disappointing it’s taking this long to get to where it has,” Warner said in Melbourne on Monday.

“It was brought up in I think February this year. So it’s been drawn out ... you know it’s traumatic for me and my family and everyone else that was involved in it. We haven’t needed to go back into that detail, we don’t need to relive what happened.

“I think it’s just about being fair that at the end of the day, I’m not a criminal. You should get a right of appeal at some stage, you know.

“I understand that they put a ban in place, but banning someone for life I think is a bit harsh. So it’s just an opportunity to come out and actually, you know, show that I’m actually remorseful. I’ve done my time to get back into the Australian cricket setup.

“You know what, what happened happened and now we’ve done our best to move on and put our best foot forward and do the best we can for Australian cricket. So it’s been disappointing. But yeah, hopefully a decision can be made and we can just move forward.”

David Warner can apply to have his leadership ban lifted. Picture: Mark Brake-ICC/ICC via Getty Images

Warner was scathing of the fact it took “four days” to investigate and then ban him for his actions in cape Town in 2018, but so long for CA to alter its own rules.

“Yeah, it’s one of those challenging ones where I feel like it’s all been it’s all about me now campaigning. That’s what it looks like. And it’s totally not that,” he said.

“And it’s frustrating because we could have, you know, done this about nine months ago when it was first brought up. It’s unfortunate that obviously Finchy retired and then they sort of fast track it in their own way.

“It’s a tad disappointing that when you make a decision in 2018, it’s in four days, and then this takes nine months. But it’s good to get in a position where we are now today.”

Warner said he will take up CA’s offer to put forward a case, and hoped it could be resolved potentially in time for him to captain the Sydney Thunder in the Big Bash, should they want him to, when he joins the team in January.

An application, which CA said would not be an “appeal” against the original sanction, would be heard by a three-person panel, but not timelines have been established.

“It gives me an opportunity to ring up the integrity unit to have a word to them and put forward my case of, I guess, the 100 hours that I did in 2018 for what happened,” he said.

“Now, basically, yeah, all this good behaviour stuff that I’ve done. I think I have to put forward, so I’m happy to do that. And I’ll have to wait to see in due course when my schedule fits to how to do that.

“It’s obviously up to the Thunder if they want to appoint me as captain. If they if they would like me to do it, I’m happy to put my hand up.

“If they asked me to do it, then I’d like to push that forward as fast as we can. But at the moment once we finish this game, we’re back to back Test matches and it’d be hard for me to come to Melbourne to have that discussion.”

Warner didn’t make any suggestion about potentially wanted to captain Australia again should the ban be lifted, despite being linked to the vacant national T20 job.

“I think that’s out of my hands. As I mentioned before, for me, it’s about going out there and doing my best for the team,” he said.

“And I’ve said this before that I’m a leader in the team, no matter what you don’t need a C or a VC. It’s about putting my best foot forward and making sure that I’m applying what I’m there to do and that score runs.

“I’d like to keep my knowledge going around and help as much as I can. I think I’ve got a lot of expertise in the area and the leadership roles. So if I help anyone at any stage, I’ll be,I’ll be happy to do that.”

Warner captaincy ban set to be lifted

– Peter Lalor

The confusion around Australian white ball captains will enter a new phase with the expectation that David Warner’s life ban will be lifted.

An announcement is expected as early as Monday on changes to the Code of Conduct which will allow the former vice-captain to qualify for leadership positions.

Warner will have to demonstrate “remorse” and evidence of improved behaviour to have his ban lifted by the three person panel.

Eyebrows were raised when Pat Cummins, who was recently appointed ODI captain, was rested and replaced by Josh Hazlewood for the game against England on Saturday.

Steve Smith, who filled in for Cummins during the Adelaide Test last summer, was available and Alex Carey, who had done the job previously, was also in the side.

Selector George Bailey has said, however, that he is looking to build a leadership team around the white ball teams.

There will be an even wider range of candidates to choose from if Warner is cleared of the ban.

David Warner is set to have hit leadership ban lifted. Picture: AFP Images

It is expected the veteran player will have to apply to the integrity unit to prove he is a reformed character.

Respected for his leadership and tactical ability, the opener has led IPL teams to the trophy but has not been able to have any role at home.

There is a push for him to take over the role for the Sydney Thunder after he signed a deal to play some games with them this summer.

Many believe Warner was given a life ban at the insistence of the previous board - most of the members have since left - for his role in the sandpaper scandal.

The outspoken opener had been a defacto union representative in the MOU dispute which saw CA forced into a humiliating backdown after it tried to tear up the profit share model which has sustained the game for decades.

Warner, Steve Smith and Cameron Bancroft were all given playing bans for their role in the 2018 sandpaper scandal. Smith received a 12 month ban from leadership, but Warner was singled out for especially harsh treatment.

The trio were booked for conduct that is “contrary to the spirit of the game”, “unbecoming of a representative or official”, “is or could be harmful to the interests of cricket”, and/or “did bring the game of cricket into disrepute”.

Ball tampering is considered a minor offence by the ICC but Australian authorities and public took a sterner approach.

CA alleged Warner was responsible for the “development of a plan to attempt to artificially alter the condition of the ball”, instructing “a junior player to carry out a plan”, and giving “advice to a junior player regarding how a ball could be artificially altered, including demonstrating how it could be done”.

Speculation remains about how many others knew of the ball tampering, but the bowling group denied any knowledge in 2021 after Bancroft indicated different.

David Warner after being dismissed during the T20 World Cup. Picture: AFP Images

Cricket Australia’s board requested a review of the Code of Conduct for Players and Player Support Personnel by its integrity department at its October meeting and accepted the subsequent recommendations.

“Under the changes, players and support staff can now apply to have long-term sanctions modified,” CA explained in a release.

“Any applications will be considered by a three-person Review Panel, comprising independent Code of Conduct Commissioners, which must be satisfied that exceptional circumstances exist to justify modifying a sanction.

“These circumstances and considerations will include whether the subject of the sanction has demonstrated genuine remorse; the subject’s conduct and behaviour since the imposition of the sanction; whether rehabilitation programs have been completed undertaken (if applicable) and the length of time that has passed since the sanction was imposed and whether sufficient time has passed to allow for reform or rehabilitation.

“The code of conduct states this process: “Acknowledges that Players and Player Support Personnel are capable of genuine reform or rehabilitation and is intended to provide the Player or Player Support Personnel with an opportunity to resume their previously held positions or responsibilities in specific circumstances.”

“The hearing of an application is not an appeal, or a review of the original sanction imposed.”

Originally published as David Warner can now apply to have leadership ban lifted following sandpaper cheating scandal