Scotland racism investigators deny ‘exonerations’ were within their remit

The investigators looking into allegations of racist behaviour in Scottish cricket have denied they “exonerated” anyone after referrals that have so far led to a series of “learnings” but no disciplinary action against alleged perpetrators.

Two legal firms, Harper Macleod LLP and Bishop Lloyd Jackson Solicitors, and the race inclusion charity Sporting Equals have been investigating over 50 referrals – individual complaints of alleged racist behaviour – over the last year, stemming from the independent review in July 2022 that found Cricket Scotland to be institutionally racist.

On Friday, the team issued its first public statement. Although no individuals were mentioned, it was in response to John Blain’s statement earlier in the week, in which the former Yorkshire and Scotland fast bowler said he had been cleared of allegations of racist behaviour earlier this year. Blain called for a “full and transparent inquiry” into those running cricket in the country.

Blain said the investigation’s findings “fully exonerate me” and also made public a letter from Cricket Scotland’s interim CEO Pete Fitzboydon from January, informing him that the allegations against him were “unfounded” but requesting that he kept that information confidential to allow time for the complainers to be informed of the outcomes. Cricket Scotland’s subsequent “delay and prevarication” in going public, Blain said, forced him to release his statement, five months after receiving the letter.

In its response, however, the investigating team insisted that its role had not been to “make findings of fact, nor to pronounce guilt, nor to exonerate or pronounce as innocent any person against whom allegations had been made”. As a consequence, it was stated that they had neither “exonerated” any individual in any of their reports, nor reported “in any way to the Board of Cricket Scotland to suggest that an individual was “exonerated” or equivalent”.

Instead, the investigating team insisted its role was to identify “learning lessons”, of which, it said, there have been over 250 across 51 referrals so far. Cricket Scotland has been making some of these learnings public on its website, as and when batches of referrals have concluded over the last year.

The investigators, having engaged with over 170 people and witnesses so far, acknowledged the difficulties in looking into these complaints, some of which were from nearly two decades ago. The nature of allegations of discrimination – “having to consider competing accounts” – made it “universally a complex task”.

That no disciplinary proceedings had taken place so far, the investigators said, did not diminish the allegations but only served to illustrate the difficulties involved in such investigations; including issues of a lack of governance and processes; the historic nature of some breaches; incidents that were outside Cricket Scotland’s jurisdiction; and some cases in which disciplinary action had already been taken.

Any action stemming from the referrals, the investigators made clear, was for Cricket Scotland to take.

The 2022 “Changing the Boundaries” report, which led to the Cricket Scotland board resigning en masse, has come under criticism from, among others, Tony Brian, a former board chairman. Brian has repeatedly raised concerns about how the review was conducted and its findings, calling it “fatally flawed” and demanding a government inquiry into how it was put together. Brian was chair from 2015 to 2022, a period during which some of the allegations made by former players Majid Haq and Qasim Sheikh – whose testimonies led to the review – took place.

But the investigation team unequivocally backed the report, saying that its own investigations “echoed” findings in “Changing the Boundaries”.

“Evidence of poor governance, poor and/or absent policies and procedures to handle complaints of racism, inappropriate and/or a lack of support for whistleblowers and/or complainers, and failings in the delivery of appropriate diversity, equity and inclusion policies were all evident to the Investigation Team. These factors all unquestionably contributed to the subsequent number and breadth of complaints made, where race was spoken to as a factor in the allegations made.”

The investigators urged the game’s stakeholders to acknowledge the recommendations the report had made, as well as its own recommended learnings, and to acknowledge that the game had been exclusionary for too many people who faced “unacceptable behaviours” and had no recourse to complain about it.

The resurfacing of tensions around the investigations comes as the national men’s team prepares to take on Australia in St Lucia in the T20 World Cup with progression to the Super Eight stage in their own hands. Anything other than a defeat on Sunday evening will see Scotland through, even if England succeed in beating Namibia on Saturday.

But the fact that the investigators felt compelled to issue a public statement will only add more pressure on Cricket Scotland, who were also criticised last week by Haq and Sheikh for their role in the events that led to Blain’s statement. It will also increase scrutiny over its January communication to Blain who was told by Fitzboydon: “As advised, these allegations have not been founded, and there is not any case to answer, and so this matter is now considered closed.”

In response to Blain’s earlier statement, the board had said it would “continue to respect that independent process [of investigations], with the welfare of all involved as a priority, in order that we can reach a conclusion that enables our sport to move forward with unity.”

Further comment, the board said, would come at the end of the investigative process.