Cricket SA’s former head of sales and sponsor relations Clive Eksteen is taking the governing body to the Commission for Conciliation‚ Mediation and Arbitration (CCMA) for unfair dismissal just days after his sacking.

Eksteen was fired with immediate effect on Sunday after he was found “guilty of transgressions of a serious nature” following a lengthy disciplinary process.

The 53-year-old former player was suspended in October last year along with chief financial officer Naasei Appiah and then acting director of cricket Corrie van Zyl in a matter involving players and player contracts through players’ union the SA Cricketers’ Association (Saca).

The trio’s suspension was related to their dereliction of duty following non-payment of player fees stemming from the 2018 Mzansi Super League (MSL).

Appiah is also appealing while Van Zyl has since been reinstated.

Eksteen said he faced five counts of misconduct.

He was acquitted of the three charges‚ which related to Saca‚ and was also exonerated in the fourth charge regarding a sponsorship deal between a sponsor and a broadcaster.

Eksteen believes the fifth charge‚ relating to a sponsorship deal between a multinational company and CSA‚ was a “lesser charge” and therefore he “should not have been dismissed at all‚ let alone found guilty”.

“In these circumstance‚ I shall be immediately be referring a dispute to the CCMA regarding my unfair dismissal‚” said Eksteen in a statement on Tuesday.

The fifth charge Eksteen refers to is a sponsorship deal concluded between a multinational company and CSA for an amount allegedly less than had been approved by the governing body’s executive‚ which resulted in CSA losing out on some R1.7m in revenue.

He said he was made a scapegoat for the ineptness of others and is convinced his name will be cleared at the CCMA.

“My attorney and I are totally confident that I will be vindicated in due course. Unfortunately‚ I believe I have been made a scapegoat for the shortcomings of others and I believe further that relevant evidence has been ignored or overlooked.”

Eksteen said the fifth count was unrelated to the Saca matter and accused CSA of misinformation after the governing body said he was found “guilty of transgressions of a serious nature”.

“I was charged with five counts of misconduct. The first three counts were in respect of the Saca issue (“the Saca charges”)‚ for which I had been suspended‚ the fourth count was in respect of a sponsorship deal concluded between a Sponsor and a Broadcaster (to which CSA was not a party) (“CHARGE 4”)‚ and the fifth count alleged that i have concluded a sponsorship deal between a multinational company and CSA (“CHARGE 5”) for an amount less than had been approved by CSA Exco‚ as a consequence of which CSA “suffered financial loss‚ reputation and image” (sic).

“I was acquitted on all three of the Saca charges as well as CHARGE 4. To my astonishment‚ I was found guilty of CHARGE 5 and received the sanction of dismissa‚” said Eksteen in a statement.

Eksteen said the chair of the proceedings found that it was actually his involvement later on that was instrumental in getting Saca eventually paid.

The disciplinary proceedings against Eksteen started in November last year and were finalised in April. He subsequently lost an appeal against his sanction.

“My astonishment at my conviction of CHARGE 5 is due to‚ among others‚ the following facts: the sponsorship was signed by my superior‚ not by me; no evidence was presented of Exco having mandated a final amount for the sponsorship; and my superior in her evidence failed to mention that she had read a message from me to her‚ prior to the Exco meeting‚ in which I had told her of the current offer on the table from the sponsor.

“The Chair chose to ignore these facts‚ and plainly misunderstood the nature of the sponsorship too.

“The Chair found as follows: “I do not find that the employer established that CSA suffered reputational or image damage in relation to the conduct of the employee and whilst there was no financial in a true sense of the word for CSA‚ revenue was lost‚ as testified by witnesses. CSA accordingly lost revenue in the amount of USD$100 000.00‚ even if it was for lesser rights. I accordingly find the employee guilty of charge 5.”

Eksteen said the chairperson’s finding that revenue in the tune of R1.7m was lost was directly contradicted by the evidence of CSA’s employees. He accused the chairperson of bias.

“Subsequent to my conviction‚ I presented evidence in mitigation. This included a variety of testimonials. The Chair refused to accept pertinent testimonials into evidence.

“She also refused to accept that CHARGE 5 was a minor charge‚ way less serious than the Saca charges on which I had been acquitted.

“In addition‚ I am in possession of evidence which exculpates me‚ which has come to light after the conclusion of the disciplinary inquiry‚ which evidence was known to CSA at the time.

“My reputation and integrity have been severely questioned and tarnished‚ and I believed the disciplinary process would allow me the opportunity to lay out the facts around my suspension as well as subsequent allegations levelled against me.”

Afghanistan wicket-keeper Shafiqullah Shafaq has been banned from all forms of cricket after accepting four charges of breaching the Afghanistan Cricket Board’s anti-corruption code.

In February, the 30-year-old was provisionally suspended with immediate effect and charged with five breaches of anti-corruption code.

The charges relate to the inaugural edition of Afghanistan Premier League (2018) and the 2019 edition of the Bangladesh Premier League.

Quote

Here is what anti-corruption manager Sayed Anwar Shah Quraishi said

“This is a serious offence where a senior player is involved in the corruption of a high-profile domestic game in APL T20 2018. The player had also attempted but failed to get one of his team-mates to engage in corruption during BPL 2019,” Quraishi said.

Article 2.1.1

Article 2.1.1 was breached by Shafaq

Shafaq breached the Article 2.1.1 that states the following:

Breach of Article 2.1.1 – Fixing or contriving in any way or otherwise influencing improperly, or being a party to any agreement or effort to fix or contrive in any way or otherwise influence improperly, the result, progress, conduct or any other aspect of any Domestic Match, including (without limitation) by deliberately underperforming therein.

Other charges

Breach of Article 2.1.3 and 2.1.4

Breach of Article 2.1.3 – Seeking, accepting, offering or agreeing to accept any bribe or other Reward to (a) fix or to contrive in any way or otherwise to influence improperly the result, progress, conduct or any other aspect of any Domestic Match.

Breach of Article 2.1.4 – Attempting to solicit, induce, entice, persuade, encourage or intentionally facilitate a Participant to breach Article 2.1.

Information

Shafaq also breached the Article 2.4.4

Breach of Article 2.4.4 – Failing to disclose to the Designated Anti-Corruption Official (without unnecessary delay) full details of any approaches or invitations received by a Participant to engage in Corrupt Conduct under ACB Anti-Corruption Code.

Admission

Shafaq admitted to charges imposed by ACB

Under the provisions, Shafaq admitted to charges levied against him and also agreed to the sanctions imposed by ACB.

Quraishi also mentioned that the term of Shafaq’s could have been longer without his cooperation.

“It is an alert for all those players who think their illegal activities concerning the game of cricket will not be disclosed to the ACB’s ACU,” he stated.

Players around the world have been warned to remain vigilant of approaches from match-fixers despite coronavirus having put the sport on hold.

The last elite-level professional match took place behind closed doors on 15 March in the Pakistan Super League, before its semi-finals and final were postponed, and since then players globally have been in lockdown waiting for a resumption.

Such a lull in on-field activity might suggest a drop-off in potential fixing approaches from the criminal underworld but Alex Marshall, head of the International Cricket Council’s anti-corruption unit in Dubai, insists this does not necessarily follow.

“Covid-19 may have put a temporary stop on the playing of international and domestic cricket around the world but the corrupters are still active,” Marshall said.

“As a result, our work with members, players, player associations and agents continues. We are seeing known corrupters use this time, when players are on social media more than ever, to connect with them and try to build a relationship that they can exploit at a later date.

“We have reached out to our members, players and their wider networks to highlight this issue and ensure they all continue to be aware of the dangers of approaches and do not let their guard down while there is no cricket being played.”

As well as players spending more time interacting with fans on social media at present, Marshall’s team are mindful the drop in income could make some of the less well-paid professionals more vulnerable.

James Pyemont, the ECB’s head of integrity, added: “There will always be someone to make something out of a crisis and view it as an opportunity. We have to be confident we can withstand that pressure and we’re confident our players will do the right thing. The time is now to show this is a robust system.”

April would typically be a quiet month for the ICC’s anti-corruption team, with no international cricket staged and the IPL – now suspended indefinitely – policed by India’s in-house anti-corruption unit since last year.

The investigative work continues, however, and a number of cases are expected to be progressed in the coming weeks. These are believed to include the three United Arab Emirates players – Mohammed Naveed, Qadeer Ahmed and Shaiman Anwar – who were charged with a combined 13 counts of breaching anti-corruption rules last October.

Marshall revealed in January that his team was looking into 50 cases of potential wrongdoing in the sport – including intelligence gathered during last year’s World Cup in the UK – and sifts through around 1,000 pieces of evidence a year.

Shakib Al Hasan is the most high-profile cricketer serving a ban under the ICC’s anti-corruption code, with the Bangladesh captain accepting three charges of failing to report approaches from Deepak Aggarwal, a suspected bookmaker, last October.

A veteran of 338 international appearances, Shakib engaged in Whatsapp conversations with Aggarwal before matches in the Bangladesh Premier League, an international tri-series and the IPL between 2017 and 2018, but denied passing on inside information.

A two-year ban, with 12 months of it suspended, was the result, meaning Shakib is free to resume his playing career on 29 October.

By Brian Maass

DENVER (CBS4)– Clinton Goodchild, a former professional cricket player from Australia, now living in the Denver metro area, has been charged with felony theft.

Goodchild was accused by police and prosecutors of stealing approximately $23,000 in furniture and restaurant equipment from a LoDo restaurant space he had been subleasing.

Luke McConnell, an attorney representing Goodchild, told CBS4, ”Mr. Goodchild adamantly denies the allegation that a theft occurred, and as is always the case there are two sides to the story, but due to the pending criminal case no further comment can be made at this time.”

Court and police records obtained by CBS4 show that Denver police obtained an arrest warrant for Goodchild in April. The documents state that Goodchild had subleased the space near 18th and Blake from James Beckley and his son Spencer, beginning in August 2017 for $5,500 per month as part of a three year lease, but that Goodchild stopped paying rent on the property in December.

Three months later, Spencer Beckley said the building manager called him to say building surveillance cameras showed Goodchild removing equipment from the space and loading it into a pickup truck.

“The fact that he did that and thought he could walk away unscathed is shocking to me,” said Spencer Beckley.

CBS4 viewed the surveillance tape which showed Goodchild and a second man removing items large and small from the space. They are then seeing loading it into a pickup truck which eventually is driven away.

Beckley said the 2,300 square foot space was filled with pricey restaurant equipment like a convection oven, meat slicer, prep tables and a soda machine, but that Goodchild took it all. Beckley said he and his father owned all the equipment.

Goodchild was arrested and jailed in Denver in mid-April. He was released on a $5,000 personal recognizance bond. Police say Goodchild has no previous criminal record.

Although his attorney wouldn’t say much, Goodchild shared a lengthy statement with CBS4: “In regard to the allegations of wrong doing I look forward to the upcoming trial date where this matter will be cleared up, and the facts regarding the case shared. Until that time, I hope the American way of innocent until proven guilty is in full effect, as at no time was there any negative intent with the removal of property during the onsite Blake St renovations. I think its fair to say for me to enter the space in the middle of the day, use my active key card and remove, transport and safely store the larger heavy unneeded items in front of security cameras that I know are there (as some of them I arranged and paid to have installed) so that planned renovations could continue are not the actions of someone trying to steal property. The items hold no value to me and are currently taking up valuable storage space. Upon learning of the claims, the safe and itemized return of the items to the location has been refused by ownership after multiple attempts. While I am at times confused by many aspects of the current legal maze I find myself in, I have great faith that through the American justice system in the end the truth will be known, and my name will be quickly cleared. My history will show no past criminal behavior in my personal life, or business dealings of which there have been many over the years. I have always served as a positive and morally sound member of the community. I have come to love Denver as my adopted home and intend to be an active member of the community for many years to come.”

Spencer Beckley told CBS4, ”I just want him to be held accountable and stand trial.”

He said getting the equipment back would make it easier to re-rent the space, ”It would be a fantastic selling point to have that in the restaurant.”

It’s no mystery where the missing equipment is. James Beckley told CBS4 that Goodchild has offered to return the missing equipment and furniture.

“Yes, he has offered to do that,” said Beckley.

But Beckley said he was only interested “If he brings it back and puts the restaurant back together and pays back rent.”

Goodchild is due back in court in July.

CBS4 Investigator Brian Maass has been with the station more than 30 years uncovering waste, fraud and corruption. Follow him on Twitter @Briancbs4.

Steve Smith, David Warner and Cameron Bancroft have been suspended by Cricket Australia for the fourth Test in Johannesburg for their involvement in the ball-tampering scandal.

After a CA investigation, all three players were found guilty of breaching article 2.3.5 of Cricket Australia’s Code of Conduct and will fly home from South Africa on Wednesday (South Africa time).  

Smith has also been stripped of the captaincy for at least the final Test in South Africa, with Tim Paine endorsed by the board as his successor and Australia’s 46th Test captain after he acted in the role on day four in Cape Town.

Queensland pair Matthew Renshaw and Joe Burns, and Victoria’s Glenn Maxwell have been called up as replacements for the banned trio and will arrive in South Africa in the next 24 hours. The Australians will not train in Johannesburg on Wednesday. 

“Earlier today (Tuesday), I received an update about the investigation being conducted by our Head of Integrity Iain Roy and in conducting his interviews he was accompanied by two ICC integrity officers,” Sutherland told reporters in Johannesburg.

“While that investigation is not complete, preliminary findings have been considered and discussed by the CA board earlier today.

“The key finding is that prior knowledge of the ball tampering incident was limited to three players: Captain Steve Smith, vice-captain David Warner and Cameron Bancroft.

“No other players or support staff had prior knowledge and this includes Darren Lehmann, who despite inaccurate media reports, has not resigned from his position.

“He will continue to coach the Australian men’s team under his current contract.”

Sutherland said that Smith, Warner and Bancroft have been charged with CA Code of Conduct breaches and added their respective, “significant” sanctions will be revealed in the next 24 hours.

“The players involved have officially been reported for breaching Cricket Australia’s code of conduct under article 2.3.5.,” Sutherland said.

“The substance of the offence can be covered by terms and I paraphrase somewhat from the article: Conduct at any time that is contrary to the spirit of the game, unbecoming of a representative, harmful to the interests of the game, or brings the game into disrepute.

“Once the investigation has concluded in the next 24 hours, sanctions will be announced and will go through the Cricket Australia code of conduct process.”

Smith had already been suspended for the final Test at The Wanderers by International Cricket Council CEO David Richardson on Sunday, while Bancroft was fined and handed three demerit points to his disciplinary record.

All three players now face lengthy bans from international cricket.

The incident that led to the suspensions took place during South Africa’s innings on Saturday afternoon when Bancroft was seen on television holding a foreign object while rubbing the ball, before hiding the object in his pocket, then inside his trousers.

As soon as the incident was shown on the big screen, the player was questioned in the presence of his captain by the two on-field umpires, Richard Illingworth and Nigel Llong, who along with third umpire Ian Gould and fourth umpire Allahudien Palekar, later charged Bancroft.

The umpires inspected the ball at that time and elected not to replace the ball and award a five-run penalty as they could not see any marks that suggested the condition of the ball had been changed as a direct result of Bancroft’s actions. The umpires, though, agreed that Bancroft’s actions were likely to alter the condition of the ball and he was therefore charged.

The plan to alter the condition of the ball had been made at the lunch break on day three between senior players from Australia without the consent of the coaching staff, according to Smith.

Bancroft, who was said to be in the vicinity of the senior players at lunch, was tasked to use the foreign item – a piece of yellow tape that was used to collect chunks of dislodged pitch – and was caught doing so.

Match referee Andy Pycroft said: “To carry a foreign object on to the field of play with the intention of changing the condition of the ball to gain an unfair advantage over your opponent is against not only the Laws, but the Spirit of the game as well.

“That said, I acknowledge that Cameron has accepted responsibility for his actions by pleading guilty to the charge and apologising publicly. As a young player starting out in international cricket, I hope the lessons learned from this episode will strongly influence the way he plays the game during the rest of his career.”

Smith has not missed a Test since March 2013 in India, a streak of 59 matches in which he scored 23 Test centuries, was handed the Test captaincy and ascended to the top of the Test batting rankings.

He fronted the media on Saturday night and confessed his regret and part in the wrongdoing.

“Obviously, today was a big mistake on my behalf and on the leadership group’s behalf as well,” he said.

“But I take responsibility as the captain, I need to take control of the ship, but this is certainly something I’m not proud of and something that I hope I can learn from and come back strong from.

“I am embarrassed to be sitting here talking about this.”

Qantas tour of South Africa

South Africa squad: Faf du Plessis (c), Hashim Amla, Temba Bavuma, Theunis de Bruyn, Dean Elgar, Heinrich Klaasen, Quinton de Kock, Keshav Maharaj, Aiden Markram, Morne Morkel, Chris Morris, Wiaan Mulder, Lungi Ngidi, Duanne Olivier, Vernon Philander, Kagiso Rabada, AB de Villiers.

Australia squad: Joe Burns, Pat Cummins, Peter Handscomb, Josh Hazlewood, Jon Holland, Usman Khawaja, Nathan Lyon, Mitchell Marsh, Shaun Marsh, Glenn Maxwell, Tim Paine, Matt Renshaw, Jhye Richardson, Chadd Sayers, Mitchell Starc.

Warm-up match: Australia beat South Africa A by five wickets. Report, highlights

First Test Australia won by 118 runs. Scorecard

Second Test South Africa won by six wickets. Scorecard

Third Test South Africa won by 322 runs. Scorecard

Fourth Test Wanderers, Johannesburg, March 30-April 3. Live coverage

Allrounder Ben Stokes could be returning to New Zealand again this summer.

Stokes, who played a short spell for Canterbury in the Ford Trophy, has been named in the England Twenty squad play Australia and New Zealand in a tri-series tournament.

“Ben Stokes is included, though his involvement remains subject to any relevant legal or disciplinary developments in relation to the incident in Bristol in September,” a press release by England Cricket stated.

“Should the ECB Board receive formal confirmation that Stokes has either been charged or that he will face no charges, they would convene within 48 hours to make a decision on his availability for the team at that stage,” the release continued.

Stokes spent a month in New Zealand late last year visiting his parents in Christchurch and playing for Canterbury in the Ford Trophy 50 overs competition and Twenty20 Super Smash League.

The 26-year-old New Zealand-born allrounder is currently suspended from the England team as he waits to learn whether he will be charged over his role in an incident outside a nightclub in the England city of Bristol in September.

Stokes had mixed fortunes on the field in his brief stint with Canterbury. He scored 36 runs in three 50 overs matches while taking 1-144 and he scored 133 runs in three Twenty20 innings, taking two wickets.

Stokes has been named in England’s squad for a one-day series in Australia in January but his selection is provisional on any future legal action.

Suspended England all-rounder Ben Stokes has been withdrawn from the squad for this month’s five-match one-day international series against Australia and was replaced by batsman Dawid Malan, the England and Wales Cricket Board (ECB) said on Monday.

Stokes, who was provisionally named in England’s squad, is awaiting a decision on whether he will be charged by the Crown Prosecution Service (CPS) for his involvement in an altercation outside a Bristol nightclub in September.

The ECB said he would not travel with the group of players leaving for Australia on Tuesday and his availability will depend on CPS advice.

“Should ECB receive formal confirmation that he has either, a) been charged or, b) will face no charges, the ECB board would convene within 48 hours to make a decision on his availability to represent England at that stage,” said the ECB on ecb.co.uk.

The ECB said Stokes has been cleared to participate in the player draft for the Indian Premier League Twenty20 tournament.

The first one-day international between Australia and England will be played at the Melbourne Cricket Ground on January 14th.

– (Reuters)