Protests and Disputes

14-02-2017

TRIBUNAL

Tribunal date:

14-02-2017

Tribunal personnel:

R.McDonald [Chair] D.King, P.Speering

Tribunal convenor:

G. Ashley

Umpire:

S.Lockyer

PLAYER

Name:

David Bandy

Club:

CBC Cricket Club

Advocate's name:

Andrew Galbraith

PENALTY

Report:

1. Dissent towards an umpire's decision 2. Abusive language towards an umpire Additional information: Offered Prescribed Penalty but due to the nature and continued abuse towards the umpire the Prescribed Penalty form was withdrawn.

Tribunal notes:

1. Umpire Lockyer advised that D.Bandy had approached him in an aggressive manner and demanded to know why he had not given the batsman out. Mr Bandy conceded he had approached the umpire in a manner that could be construed as aggressive, but felt he had the right as the captain to question the umpire on his decision. 2. Umpire Lockyer advised he had attended the CBC change rooms to get Mr Bandy to sign the Prescribed Penalty form. Umpire Leighton accompanied Lockyer to the change rooms also. Mr Bandy suggested they move outside to discuss the matter. He then asked Lockyer if he actually intended to "put him in the book". Lockyer indicated that was his intention. Mr Bandy then intimated to Lockyer that his bad decision had put his team's season in jeopardy in a tone and manner that Lockyer found uncomfortable. It was then that Lockyer indicated to Bandy that he was withdrawing the Prescribe Penalty and reporting him directly to the Tribunal for abusive behaviour. Mr Leighton confirmed the comments that Bandy had made.

Penalty:

The Panel considered these charges fully and found that by his own admission Bandy had approached Lockyer in an aggressive manner on the ground. As this constitutes a Level II breach of the code of conduct it found the charge proved. The Panel then considered the incident at the change rooms after the match and found that Bandy had acted in a manner that was aggressive toward Lockyer. As this constitutes a Level II breach of the code of conduct it found the charge proved. The penalty for a Level II breach of the code of conduct is a suspension between 6 and 12 playing dates. Mr Bandy was suspended for 6 playing dates for Charge 1 and 6 playing dates for Charge 2. The Panel then took into account Mr Bandy's previous good record and suspended 6 playing dates to the end of the 2017-18 season. Mr Bandy is therefore suspended for 6 playing dates as of Saturday 18th February. The end date of the suspension is not known depending on how long CBC continue in this season's competition.

UMPIRE

Signee's name:

Graeme Ashley, Tribunal Convenor

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