ECB appeal declined by ICC Appeals Commissioner Sachs

The decision of the ICC Technical Committee to decline the ECB's request to reschedule its match against Zimbabwe in Harare on 13 February, has been endorsed by ICC Appeals Commissioner Justice Albie Sachs.

Justice Sachs announced his decision in Cape Town yesterday evening, after a day-long hearing at which both written and oral evidence was presented by both the ECB and the Zimbabwe Cricket Union.

In summarising his findings, Justice Sachs said:"This is the first time that the ICC Technical Committee has considered a matter of this kind under the new provisions. It was common cause amongst the legal representatives from all sides that it had conducted its enquiry with dignity and seriousness over many hours. No challenge was made to the procedure adopted by the Technical Committee, nor was there any suggestion that the principles of natural justice were not properly applied. On the contrary, the ECB acknowledged that it was given every opportunity to place its evidence and arguments before the Committee and full scope to question the independent witnesses called by the Committee.

For its part, the ECB cannot be faulted for the manner in which it articulated the anxieties of some, if not all of the English cricket team. The hearing before me was conducted in a most constructive manner. All concerned were motivated by a desire to ensure the success of the World Cup Tournament.

Although different positions were articulated, the spirit was at all times a good one and hopefully will be followed by further discussion to ensure the unqualified success of the tournament.

In the result, there are neither procedural nor substantive grounds for overturning the decision of the Technical Committee and substituting one of my own. The Appeal, therefore, must fail."

Justice Sachs' decision on this matter is final and binding.

ICC Media Contacts: