The International Cricket Council (ICC) has banned Bangladesh captain Shakib Al Hasan from all cricket for two years, with one year of that suspended, after he accepted three charges of breaching the ICC Anti-Corruption Code The charges are as follows:
- Article 2.4.4 – Failure to disclose to the ACU full details of any approaches or invitations he received to engage in Corrupt Conduct – in relation to the Bangladesh, Sri Lanka and Zimbabwe Tri-Series in January 2018 and / or the 2018 IPL
- Article 2.4.4 – Failure to disclose to the ACU full details of any approaches or invitations he received to engage in Corrupt Conduct – in relation to a second approach in respect of the Tri-Series in January 2018
- Article 2.4.4 – Failure to disclose to the ACU full details of any approaches or invitations he received to engage in Corrupt Conduct – in relation to an IPL 2018 match between Sunrisers Hyderabad v Kings XI Punjab on 26 April 2018.
Under the provisions of the Code, Mr Al Hasan chose to admit the charges and agreed the sanction with the ICC in lieu of an Anti-Corruption Tribunal hearing. Subject to him satisfying the conditions in respect of the suspended part of the sanction, he will be free to resume international cricket on 29 October 2020.
Code Article 2.4.4 makes the following an offence:
“failing to disclose to the ACU (without unnecessary delay) full details or any approaches
or invitations received by the Participant to engage in Corrupt Conduct under the AntiCorruption Code.”
The explanatory note to Code Article 2.4.4 provides:
“It is acknowledged that the fight against corruption requires prompt reporting of all such approaches and any unnecessary delay in doing so may undermine the effectiveness with which the ACU and other relevant anti-corruption bodies can protect the integrity of the sport. It is acknowledged that the assessment of whether there had been ‘unnecessary delay’ in each case will depend on its own circumstances, but it is always unacceptable (and will therefore constitute ‘unnecessary delay’) for a Participant to wait until after the match in respect of which he/she was invited to engage in Corrupt Conduct before reporting that approach to the ACU… . ”
Code Article 1.7.3 addresses the question of which body has jurisdiction to take action in respect of Corrupt Conduct where that Corrupt Conduct amounts to a violation of the ICC Code and one or more of the anti-corruption rules of any National Cricket Federation, or two or more of the anti-corruption rules of any National Cricket Federation.
The admissions that Mr Al Hasan has made relate to admissions of failing to report approaches received in relation to both International Matches (namely the January 2018 Tri-Series) and Domestic Matches (namely the 2018 edition of the IPL).
In accordance with Code Article 126.96.36.199, the ICC and the BCCI (being the National Cricket Federation under whose jurisdiction the IPL is played) agreed that the ICC would take action in respect of all of Mr Al Hasan’s admissions. Consequently, pursuant to Code Article 1.8, any reference to International Matches in the Code is deemed to be extended to include the relevant IPL 2018 matches to which the charges relate.
Mr Al Hasan admits that he has committed three separate breaches of Code Article 2.4.4, in that he failed to disclose to the ACU, without unnecessary delay, approaches and/or invitations received by him to engage in Corrupt Conduct under the Code.
A period of Ineligibility of two (2) years, of which twelve (12) months is suspended, is
imposed pursuant to Code Article 6.2, commencing on the date of this decision.
33.3. Mr Al Hasan’s status during the period of Ineligibility is as set out in Code Article 6.5. There is no need for any further hearing in these proceedings, which are hereby