Protests and Disputes

Tribunal date:

03-03-2020

Tribunal personnel:

Mr David King, Mr Ron MacDonald, Mr Graeme Ashley

Tribunal convenor:

John Griffin

Umpire:

Not applicable

Name:

Nil

Club:

Phoenix

Advocate's name:

Mr Michael Beer, Mr Mark Iannello and Mr Paul Speering

Report:

Phoenix Cricket Club appealed the Administrators decision to suspend Calvin and Oswin D'Sylva for four playing days for playing for another club in contravention of By law 47c and the penalties imposed on the club in accordance with bylaw 47d. The penalties applied by the Administrator were referred to members of the Executive when Phoenix CC challenged the Administrators decision. The Executive members confirmed that the Administrators actions were correct. Phoenix CC were informed that their appeal was dismissed. Phoenix CC then challenged this determination which has resulted in this P&D.

Tribunal notes:

Mr King explained the reasons why the P&D had been convened. Mr Beer provided an explanation on why the two players were registered onto My Cricket with new playing ID numbers and without clearances from their former Club (Armadale). The fault was with the Mycricket app that does not recognise apostrophe's in players names when searching for them. Paul Speering and Mark Iannello provided further information. The panel questioned Phoenix on why they did not ask the players if they had played elsewhere when they came to Phoenix CC. Mr Beer stated that he knew they had played with Armadale CC. The panel informed Phoenix CC that the two players had to know that they required clearances and that ignorance is no excuse by the players. Further discussion occurred with the IPAD App issues being mentioned again.

Penalty:

Mr King informed Phoenix CC that the Bylaws had been applied correctly and there were no grounds for the appeal and the penalties as applied by the Administrator were to remain. Phoenix CC were disappointed with the decision.

Signee's name:

John Griffin, Convenor