Wednesday, March 28, 2018

outrageous miscarriage of justice




Low-down dirty-rotten cheaters,

Never mind what Pup thinks...what an unbelievable, outrageous miscarriage of justice.
These blokes have been hung out to dry, good and proper, in a ridiculous over-reaction of moral righteousness.
As a former legal reporter and spending more time in court houses than you've had hot dinners, in sentencing, apart from mitigating circumstances such as good character, lack of "form", early guilty plea, remorse, contrition, chances of re-offending et al etc etc etc, precedent is the most important aspect for any common law judge to consider...stare decisis...

Said it before, say it again, ball tampering is not a hanging offence under the Laws of Cricket.
The ICC got it right with a one match ban for being idiots, and fools to themselves.

Here's a brief [incomplete - otherwise we'd be here all day] history of precedent in sentencing for ball-tampering:

1993: Sarfraz Nawaz [chief pioneer of reverse swing bowling in 1970's & 80's] sues Allan Lamb for defamation after being accused of ball-tampering. Case dismissed by England's High Court.

1994: Mike Atherton. Using dirt in pocket to rub on ball. £2,000 fine.

2000: Waqar Younis. Fine. 50% of match fee.

2001: Sachin Tenduklar. One match ban, suspended.

2002: Shoaib Akhtar. 1st offence. Reprimand.

2003: Shoaib Akhtar. 2nd offence. Two match ban, fine, 75% of match fee.

2004: Rahul Dravid. Fine. 50% of match fee.

2005: Marcus Trescothick. No action.

2006: Inzamam-ul-Haq. Accused of ball doctoring by Umpire Darrel Hair. Match abandoned after he refused to play on in protest. Not guilty of ball tampering, banned for four one-day games for bringing the game into disrepute for arguing with an umpire.

2009: South African great Alan Donald calls for ball tampering to be legalised.

2010: Stuart Broad and James Anderson. Not guilty. No action.

2010: Shahid "Boom Boom" Afridi. Biting the seam of the ball. Two match ban for being a dickwad.

2013: Faf du Plessis. Using trouser zips to tamper with ball. Fine. 50% of match fee.

2015: Vernon Philander. Seam lifting. FIne: 75% of match fee.

2016: Faf du Plessis. "Mintiegate". Penalty: Three demerit points.


You be the judge.
Expect QC's at 10 paces in the inevitable appeal.
You aint heard the last of this by a long shot...there is big money in this...and everyone knows what happens when lawyers become involved...

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