ICC Dubai, 22 June 2018
JUDICIAL COMMISSIONER REJECTS CHANDIMAL’S APPEAL AND UPHOLDS MATCH REFEREE’S EARLIER DECISION
Chandimal to miss third Test in Barbados; four demerit points to also stay on his disciplinary record
Mr Beloff QC to hold hearing on 10 July to determine the appropriate sanction in respect of the admitted Level 3 charges
Hathurusinghe and Gurusinha available to coach and manage Sri Lanka cricket team respectively for Barbados Test starting on Saturday
Judicial Commissioner, The Hon Michael Beloff QC, has dismissed Dinesh Chandimal’s appeal after the Sri Lanka captain was found guilty of changing the condition of the ball in breach of clause 41.3 of the ICC’s Standard Test Match Playing Conditions during the second day’s play in the second cricket Test against the Windies in St Lucia on Saturday. Mr Beloff’s written reasoned decision will be provided on Wednesday 27 June.
Accordingly, the original decision of the ICC Match Referee Mr Javagal Srinath, handing Chandimal the maximum punishment available under the code, i.e. two suspension points and a fine of 100 per cent of his match fee, will stand.
Chandimal will therefore miss the day/night Barbados Test, which commences on Saturday. Furthermore, and because two suspension points correspond to four demerit points, these will remain on Chandimal’s disciplinary record.
Mr Beloff QC, who is also the Chairman of the ICC Code of Conduct Commission, heard the appeal on Friday in a four-hour hearing in which both parties were represented by legal counsel.
In announcing his decision, Mr Beloff QC said: “I express my gratitude to all who, though located in four different places, London, Colombo. Dubai and Barbados, collaborated in enabling me to reach a decision in time for the third test between the West Indies and Sri Lanka.''
Meanwhile, Mr Beloff QC also held a preliminary hearing to establish the procedural schedule on the Level 3 charges after Chandimal, coach Chandika Hathurusinghe and manager Asanka Gurusinha admitted to breaching Article 2.3.1, which relates to “conduct that is contrary to the spirit of the game”.
The preliminary hearing determined that the hearing will take place on 10 July by way of video/telephone conference, with the decision on sanction to follow.
Until the hearing takes place and Mr Beloff QC determines the appropriate sanctions for the Level 3 breaches, Mr Hathurusinghe and Mr Gurusinha can continue to perform their professional responsibilities, including in the Barbados Test.
All Level 3 breaches carry an imposition of between four and eight suspension points.
The three were charged by the ICC Chief Executive David Richardson on Tuesday for their involvement in the Sri Lanka cricket team’s refusal to take to the field in St Lucia at the start of Saturday’s play, which caused a two-hour delay in the start of play.
This action was alleged to amount to a serious breach of the Laws of Cricket and to be contrary to the spirit of the game.
The full text of Mr Beloff QC’s decision will be made available in due course here
Previous media releases on this incident are available here.
Chandimal was charged under Article 2.2.9 of the ICC Code of Conduct and all Level 2 breaches carry a minimum penalty of a fine of between 50-100 per cent of the applicable match fee and/or up to two suspension points
Demerit Points to remain on a Player or Player Support Personnel’s disciplinary record for a period of twenty-four (24) months from their imposition following which they will be expunged
To review list of ICC Code of Conduct breaches and penalties, please click here
To review the Men’s Test Playing Conditions, please click here
Posted on 08/06/2018
by Michael Blumberg