Tuesday 8th August 2017
Last week we brought you the story of Frinton on Sea CC taking legal action against their league on the grounds of discrimination over its interpretation of the guidance after being penalised for fielding an overseas player deemed to be ineligible.
The match concerned was Frinton on Sea 2nd XI v Maldon 1st XI in Division One of the Two Counties Cricket Championship.
The following is from the www.twocounties.com website.
MARSHALL HATCHICK TWO COUNTIES CRICKET CHAMPIONSHIP
Appeal Tribunal result
Before: Mr David Lamming (barrister), Chairman
Mr Philip George (solicitor)
Mr Toby Pound (solicitor)
The Appeal Tribunal met on 4th August to considered Frinton on Sea CC’s appeal against the MSC decision taken at the Committee Meeting on 3rd July (under Rule 13a) to deduct 36 points from Frinton on Sea CC for playing an ineligible player in the Division 1 match against Maldon CC on 1st July and to award 20 points and the match to Maldon CC.
Their findings are attached and can be accessed by clicking the link below. However the main issue is covered in para 72 which we show below.
72. We have already noted that we have been given no information as to the nature of Mr Reed’s current employment (outside cricket) in Frinton-on-Sea (or elsewhere in Essex). We note, too, that although Mr Reed states (witness statement para 16, A69) that he does not, and has not, earned a living from cricket and plays as an amateur in Perth, he gives no information as to his employment or means of living in Australia. We consider that we cannot ignore Mr Reed’s own statement on the cricket mentoring website in which he not only describes himself as “an aspiring young cricketer” but also “a top order player.” We note, too that the webpage (R53) is headed “World’s leading online cricket coaching service”. It seems to us inconceivable that Mr Reed would not expect to be paid for the services he is effectively advertising. Accordingly, we conclude, on the balance of probabilities, that despite his assertion to the contrary, Mr Reed is not engaging in cricket solely for personal enjoyment and that he is, whether directly or indirectly, seeking to derive a living from cricket. Accordingly, he was an ineligible player and in breach of his visa when he played for Frinton against Maldon CC on 1st July 2017.
The Division 1 table has today been adjusted accordingly in accordance with the MSC decision on 3rd July and the decision of the Appeal Tribunal on 4th August.
The full document can be viewed here (pdf).
The following are links to legal cases referred to in the above pdf.
Pankina v SSHD  EWCA Civ 719;  3 WLR 1526
R (Alvi) v SSHD  UKSC 33;  1 WLR 220
Tribunal decision threatens overseas cricketers in club game
This matter and others have been discussed in today's Guardian newspaper (see below).
Just not cricket: English clubs cry foul over new ruling on amateur status
The Two Counties League goes through the trouble of issuing a 20 page document outlining why the player was ineligible, whilst the L&DCC just changes a player's registration so that he is eligible.