ACA says trio's bans 'disproportionate'

Australian Cricketers' Association president Greg Dyer has labelled the penalties handed down to three players involved in the ball-tampering controversy "disproportionate" and called for an independent review already announced into team culture to be significantly broadened.

At a media conference in Sydney today, Dyer said the ACA was providing "strong support" to banned trio Steve Smith, David Warner and Cameron Bancroft as they consider whether to contest their year-long (Smith and Warner) and nine-month (Bancroft) suspensions.

But he added that any such decision would be up to the discretion of the individual players, who have until Thursday to formally declare any intentions to challenge the penalties.

However, Dyer did claim that the sanctions imposed – which also prevent Smith from holding a leadership role within a national team for two years while Warner cannot ever return to such a position – were "disproportionate relative to precedent".

His assertion was supported by a fact sheet prepared by the ACA which listed previous cases of ball tampering prosecuted by the ICC over past decades, and he noted the most punitive of those were a suspension of two ODI matches and a financial impost of a player's entire match fee.

When details of Australia's plot to alter the condition of the ball during last week's third Test against in South Africa in Cape Town were revealed, ICC match referee Andy Pycroft imposed a one-Test ban on Smith and fined him 100 per cent of his match fee for his involvement.

Bancroft was fined 75 per cent of his match payment, and no charge was laid against Warner with the ICC confirming to cricket.com.au last week that responsibility beyond direct involvement in such incidents begins and ends with the team captain.

An investigation by CA's Senior Legal Counsel and Head of Integrity, Iain Roy, in the days following that ruling uncovered further details and inconsistencies among the information provided by Smith and Bancroft at a media conference during the Test.

Including the fact that the premediated plan involved the use of sandpaper, not adhesive tape as was initially claimed.

CA then chose to charge the trio under article 2.3.5 of their Code of Conduct, which refers to behavior deemed contrary to the spirit of the game, unbecoming of a CA representative or official, harmful (or potentially) to the interests of cricket and/or that brings the game into disrepute.

Under the CA Code, charges proved under article 2.3.5 – defined in the charter as "a 'catch-all' provision to cover all types of misconduct of a very serious nature' – can carry penalties ranging from the imposition of one suspension point up to a lifetime ban.

The section of the Code that deals specifically with charges of altering the condition of the ball in breach of the game's laws (also a level two offence, along with article 2.3.5) allows for the imposition of a fine from 50-100 per cent of a player's match fee and up to two suspension points.

"Changing the condition of the ball is a key element of the charge, it's against the code of cricket and there is no place for it," Dyer said today.

"What is in the spirit of the game is clearly important and relevant, and so Cricket Australia's motivation is correct.

"(But) the informed conclusion is that as right as the motivation is, the proposed penalties are disproportionate relative to precedent.

"The ACA asks Cricket Australia, in its final deliberation, to consider all of these factors.

"We ask that consideration be given to re-calibrating the proposed sanctions, to consider options such as suspending or reducing part of the sanctions.

"To consider, for example, to allow the players to return to domestic cricket earlier and as an important part of their rehabilitation."

Players charged under the Code have the option to admit the offence and accept the sanction, admit the offence but challenge the penalty imposed, or deny the alleged wrongdoing.

Under the two latter scenarios, a hearing before an independent commissioner is then convened with the evidence tendered kept private unless the commissioner agrees otherwise, and employing as little formality and technicality as the process will permit.

While Dyer's call for CA to consider mitigating factors - including the "extraordinary" contrition shown by the three players and the duress they were under at the time - when making "its final deliberation" suggests the initial sanctions will be challenged, he reiterated that was a matter for the players involved.

"I think their decisions are imminent, but I am not able to share them with you," he said today.

"That's a deeply personal decision for the players.

"I don't want to guide them in any way through this process, though we are supporting them."

Following CA's announcement last week that an independent review into the conduct and culture of Australia's men's team would be undertaken (with details to be announced shortly), Dyer called for a wider investigation into the current culture of the game at all levels.

He said that review should seek input from governments, state associations, grade clubs, junior cricket organisations and the broader community as well past and present players and sponsors, with the independently appointed reviewer(s) to report back to a joint CA-ACA panel by 1 October this year.

"I can assure the public that the players will play their part in the improvement of the culture of the sport," Dyer said.

"As partners in the game, that is part of their role and responsibility."

However, former Test batter and current national selector Mark Waugh claimed today that he did not view the culture of the current Australia men's outfit as "different to any team from any previous eras".

Waugh - who played 40 of his 128 Tests for Australia under the captaincy of his twin brother, Steve, who last week wrote that some current members of the team had "failed our (Test cricket) culture" – said the banned trio had made a one-off mistake for which they had paid a hefty price.

"These guys, they're good guys, they've got good morals on and off the field." Mark Waugh told Sydney's Sky Sports radio today.

"I've listened to a lot of stuff since the saga about a bad culture in Australian cricket, I just don't' see that. 

"Of course there's the odd individual player who pushed the boundaries and that's always going to happen, that always has happened but to then say there's a whole toxic culture in Australian cricket, I'm just not seeing that.

"I've been on tour with these guys, Test match series in India (last year) and the T20 tour in New Zealand (last February) and I haven't seen that. 

"People are drawing a long bow there saying the whole Australian cricket culture is toxic. 

"I don't think there's any difference between this team and any other Australian team. 

"In fact most of this team are so quiet on the field. 

"There are not too many players who are up … and in your face."