David Warner withdraws bid to end his lifetime ban from Australia captaincy
Melbourne (Australia), December 7: In an explosive post on Wednesday, Australia's star batter David Warner announced that he had withdrawn his application to overturn his captaincy ban, claiming that the independent panel set up to review the matter wanted to subject him to a "public lynching."
Warner claimed in a lengthy social media post that the counsel assisting the review panel, which is independent of Cricket Australia, made "offensive" remarks during the process.
In his statement released on social media, he said, "My family is more important to me than cricket. Over the course of the past nearly five years since the events that occurred during the Third Test in Cape Town, even with all the humiliation and attacks that they have had to endure, I have enjoyed the unwavering support and love of my wife Candice and my three daughters, Ivy Mae, Indi Rae, and Isla Rose. They are my world."
"Since that Test and even though my ban from leadership roles may never be lifted, I have taken it upon myself to reform, to rehabilitate and to transform my approach to the game. I have served and been subject to a crushing, unprecedented, penalty that has horribly impacted me and my family for the past nearly five years without the prospect of any relief until now," Warner further wrote.
When CA accepted the change to their code of conduct that permitted Warner to challenge his leadership ban, they stated that it was neither an appeal against the initial decision nor a reconsideration of the original infraction - the part he played during the Newlands ball-tampering saga in 2018.
"On 21 November 2022, the Cricket Australia Code of Conduct for Players and Player Support Personnel (the Code of Conduct) was amended to permit players to apply for a modification to Long-Term Sanctions. With the announcement of the amendment to the Code of Conduct, I held the hope and was encouraged, that I would be given a proper opportunity to demonstrate to the Review Panel that I have demonstrated my deep regret and remorse; and that my rehabilitation and transformation are profound," the Australia batter further added in a post.
"With the encouragement of administrators and colleagues and in accordance with the rules under the Code of Conduct, on 25 November 2022, I submitted an application to Cricket Australia for a modification to my lifetime ban from leadership positions in cricket. I did so in good faith on the understanding that established procedures under the Code of Conduct would be followed," Warner said.
As part of the statement, Warner stated that the function of the lawyer assisting had been terminated and that CA had supported him in opposing the review panel's methodology, but that after a week, they had "chosen to ignore the request in any significant sense."
"I hoped I would be given the opportunity, under the established practice and procedure of the Code of Conduct that is reflected in the amendments, to demonstrate that I have satisfied the necessary requirements for a modification to my ban and that I might be permitted to see out the balance of my career without the yoke hanging around my neck and further anguish for my family," he said.
"However, despite my opposition and that of Cricket Australia, on Tuesday last week Counsel Assisting the Review Panel and the Review Panel took it upon themselves to concoct an irregular procedure (overturning presumptions and previous practice) for the determination of my application and establish a novel approach that would negatively impact the health and welfare of my family and the interests of the Australian cricket team," he further stated.
"In his submissions, Counsel Assisting made offensive and unhelpful comments about me that had absolutely no substantive purpose under the Code of Conduct. Regrettably, the Review Panel acted contrary to the submissions of Cricket Australia and my lawyer and appeared to adopt virtually entirely the position of Counsel Assisting. In effect, Counsel Assisting, and, it appears, to some extent the Review Panel, want to conduct a public trial of me and what occurred during the Third Test at Newlands. They want to conduct a public spectacle to, in the Panel's words, have a "cleansing". I am not prepared for my family to be the washing machine for cricket's dirty laundry.
"The Rules of the Code of Conduct in relation to applications such as mine are clear. Article 10.7 states that the hearing is not an appeal of the original decision or a new review of the offence. Counsel Assisting the Review Panel appeared to be determined to revisit the events of March 2018 and the Review Panel appeared determined to expose me and my family to further humiliation and harm by conducting a media circus. I note that the engagement of Counsel Assisting was terminated. Nonetheless, following the curiously irregular position adopted by the Review Panel, and in the interests of my family and Australian cricket, last Thursday I submitted a request for the Review Panel to revisit their procedural decision and at least apply a protocol that is consistent with established practice and procedure under the Code of Conduct. That request had the support of Cricket Australia" he further wrote.
The star batter who will be playing 100 T20 Internationals and 100 Test appearances, has often been looked upon as a captain after Warner made a successful comeback to cricket following that incident.
"Having had nearly a week to consider that proposal, today the Review Panel has decided to ignore the request in any meaningful way and has provided a dismissive rejection of the substantive matters. It appears that the Panel has given no more than passing consideration to issues of player welfare and the interests of Australian cricket and is instead determined to conduct a public lynching. Regrettably, I have no practical alternative at this point in time but to withdraw my application. I am not prepared to subject my family or my teammates to further trauma and disruption by accepting a departure from the way in which my application should be dealt with pursuant to the Code of Conduct. Some things are more important than cricket," he further wrote.
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