Also on cricketcountry.com
London: Aug 3, 2014
Gordon Lewis, the International Cricket Council (ICC)-appointed Judicial commissioner who heard the misconduct charges against James Anderson, said the England pacer was deemed not guilty as there wasn’t enough evidence to impose sanctions, which were severe in nature.
Gordon said he found the witnesses to be extremely biased in favour of their own team, and the only neutral witness — a Trent Bridge steward — said he didn’t see much. Moreover, there was neither an audio evidence to establish the abusive sledging nor a video footage of the pushing incident in the corridor between the ground and the dressing rooms.
Gordon said due to lack of evidence he had to rely on his thought process to arrive at the decision. “I considered the different standards of proof pertaining to charges at different levels under the Code, and with a level 3 charge the penalty could be four to eight suspension points or two to four Test matches.
“In monetary terms the loss of between $A40,000 and $A80,000 approx. In my view with potential penalties that severe, for me to be “comfortably satisfied” pursuant to Article 6.1, something close to beyond reasonable doubt was required,” Gordon was a quoted as saying by ESPNcricinfo.
“I then turned my mind to downgrading the charge to level 2 pursuant to Article 7.6.5. I considered whether I could be comfortably satisfied that an offence at that level had been committed when the sanction for a first offence potentially equated to between $A10,000 and $A30,000 (the fees payable as half of Anderson’s fee in the second test and his payment for a further full test match).
“When a Tribunal is dealing with someone’s livelihood, sanctions of that magnitude in my view, certainly require a standard of proof that is more than on the balance of probabilities and again I was not satisfied that an onus requiring a standard of proof at that higher level, had been discharged,” he explained.
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