Australian batter David Warner.Credit:Getty Images
CA’s board,chaired by Lachlan Henderson,is expected to discuss Warner’s eligibility and the terms of the conduct code at its next board meeting,to be held in Hobart next to the governing body’s AGM on October 13.
Sources with knowledge of discussions have toldThe Age andThe Sydney Morning Herald that Warner’s captaincy ban was deemed to be a penalty handed out under the CA code of conduct,which denies players any right of appeal once they have accepted sanctions without requesting a hearing - as Warner,Steve Smith and Cameron Bancroft felt compelled to do in 2018.
The code states:“Where a player or player support personnel admits the offence charged and accedes to the proposed sanction specified in the ‘Report&Notice of Charge’ form in accordance with the procedure described in Articles 4.5.5.1,the player or player support personnel waives his/her right to any appeal against the imposition of such a sanction.”
As a consequence,if CA board directors pushed strongly forWarner’s ban to be overturned,they would have to commission a rewrite of the code of conduct to do so. Such a decision would also have to consider any wider implications for the code and those who police it.
At the same time,the mechanism for overturning the ban would have to be considered. Any re-opening of the investigation might require Warner,other players and staff to be re-interviewed about the scandal.
In 2019,then CA chief executive Kevin Roberts had stated:“If anyone does report concerns about any integrity matter prior to ball tampering or whatever it may be,we’re serious about addressing that,and we have a process to address it.”