“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.”
After inquiries by the Australian Cricketers Association and a formal request from the Sydney Thunder,the Cricket Australia board announced a review of its code of conduct,followed by a rewrite to allow for an appeal panel hearing to allow for “parole” of long-term penalties.
“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.
“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 regular established procedures under the Code of Conduct would be followed.
“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.”
However,Warner explained that the approach taken by the legal counsel assisting the panel of independent commissioners seemed focused on re-prosecuting the 2018 scandal itself,rather than focusing on how the opener had rehabilitated.
“Counsel Assisting the Review Panel appeared to be determined to revisit the events of March 2018 and the Review Panel appears determined to expose me and my family to further humiliation and harm by conducting a media circus,” he said.
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“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.
“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.”
Cricket Australia confirmed it had supported Warner’s wish that the leadership ban hearing was made private.
“We are disappointed with this outcome as our intention was to give David the opportunity to demonstrate why his lifetime leadership ban should be varied at an independent hearing and we amended our Code of Conduct accordingly,” a spokesperson said.
“We supported David’s wish for these discussions to be heard behind closed doors and respect his decision to withdraw his application. David is a very senior and highly regarded member of the Australian team who has been a great ambassador for the game as a whole since his return from a year-long ban.”
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