David Warner’s anger at CA over ban appeal delays

David Warner lashed out at ‘frustrating’ and ‘traumatic’ delays in the process which now allows him to appeal his lifetime leadership ban from Australian cricket.

Boxer Tim Tszyu and David Warner at Leo Berry’s Gym in Richmond. Picture: Michael Klein.

David Warner lashed out at “frustrating” and “traumatic” delays in the process which now allows him to appeal his lifetime leadership ban from Australian cricket.

The move comes after the door to the ODI captaincy was slammed in his face by the recent appointment of Pat Cummins.

Cricket Australia announced on Monday that players would now be able to apply to the integrity commission after a campaign from the Australian Cricketers Association and the Sydney Thunder to have his lifetime ban over turned.

“Where it’s been disappointing it’s taken this long to get to where it has,” Warner said on Monday.

“It was brought up in, I think, February this year (by the ACA). So it’s been drawn out, 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 set-up.

“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.”

It is difficult to see when Warner will get a chance to appeal his case, given he plays in Melbourne Tuesday with the ODI side and leaves for the Test series later in the week.

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

“I feel like it’s all been 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.

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 Sandpapergate scandal during the ill-fated 2018 tour of South Africa.

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 the 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.

CA’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 said 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’.”