Aussie ball-tampering scandal: Deadline looms for Warner, Smith, Bancroft to accept sanctions or issue challenge

APRIL 11 looms as the date when Cricket Australia will learn whether it faces a judicial stoush over suspensions handed down to the Cape Town Three. And the early indications are they are in for a battle.

David Warner is keen to front an independent code-of-conduct commissioner.

APRIL 11 looms as the date when Cricket Australia (CA) will learn whether it faces a judicial stoush over suspensions handed down to the shamed trio of Steve Smith, David Warner and Cameron Bancroft.

Hearings over the level-three charges and/or sanctions issued to Smith, Warner and Bancroft are expected to take place - if needed - on Wednesday week. There remains a possibility the trio will cop their whack and CA will put a full stop to the ball-tampering saga that has already cost the governing body millions in sponsorship and affected TV rights negotiations.

David Warner is keen to front an independent code-of-conduct commissioner.

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However, it is fading fast.

Warner is understood to be particularly keen to put his case to an independent code-of-conduct commissioner.

Smith and Bancroft have also sought legal advice and are strongly considering challenging their bans, which were for 12 months and nine months respectively.

CA’s code of conduct dictates that players can accept sanctions at any point “prior to the commencement of the hearing at the time/place specified in the notice of charge”, which is understood to be April 11.

The trio have been banned from international and domestic cricket, but encouraged to play club cricket.

There are concerns from the camps of Warner and Smith the star duo could miss out on lucrative national contracts for two years, meaning the effective punishment is more than what CA intended.

There is a sense among many in Australian cricket circles that the bans were too harsh given the International Cricket Council’s maximum punishment for ball tampering is a one-Test ban.

Steve Smith is seeking legal advice over his sanction.

Some members of the Test XI hold that view.

CA has made it clear its sanctions aren’t for ball tampering, rather conduct “contrary to the spirit of the game”,"unbecoming of a representative”, that “could be harmful to the interests of cricket and/or ... brought the game of cricket into disrepute”.

The CA code of conduct spells out that if a player disputes either a charge or sanction then there will be a hearing before a CA commissioner.

If players are unhappy with the verdict at the initial hearing, they have seven days to lodge a formal appeal and take the case to an appeals commissioner.

“If they do to take that to appeal, that’s a good, proper legal process,” CA chief executive James Sutherland said last week.

“As a course of natural justice under our code, players have the right.”

Sutherland admitted a range of penalties, including some more and less severe, were discussed by CA’s board.

CA’s code of conduct notes that “any decision made by the appeals commissioner ... shall be the full, final and complete disposition of the matter and will be binding on all parties”.

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What's next for Cape Town 3

They have three options available.

1) Admit the offence charged and accede to the proposed sanction ... provided that such admission has been received by the Head of Integrity prior to the commencement of the hearing at the time/place specified in the Notice of Charge, the hearing before the commissioner shall not be required. No further action shall be taken.

2) Admit the offence charged but dispute the proposed sanction specified in the Notice of Charge, in which case the matter shall proceed to a hearing.

3) Deny the offence charged, in which case the matter shall proceed to a hearing in accordance. A hearing, if required, will take place in front if an independent commissioner. It’s understood the date would be April 11.

Potential to appeal

*If players are unhappy with the result of the formal hearing, they can appeal. Cricket Australia also has the power to appeal. *Any notice to appeal ... must be lodged with the head of integrity within seven days of receipt of the written decision of the commissioner. *Within five days of receipt of a notice to appeal: the head of integrity will appoint one member of CA’s code of conduct commission to sit as the appeals commissioner to hear the appeal. *CA’s code of conduct states “any decision made by the appeals commissioner ... shall be the full, final and complete disposition of the matter and will be binding on all parties”.

Originally published as Aussie ball-tampering scandal: Deadline looms for Warner, Smith, Bancroft to accept sanctions or issue challenge