Legal challenge to ECB over Zimbabwe

As the World Cup approaches and there appears to be no end to the political wrangling surrounding the scheduled matches in Zimbabwe and Kenya, a saga that has already had more twists than an over from Muttiah Muralitharan has taken a new turn.

Derek Wyatt, who appeared for England as a replacement in the rugby union international against Scotland in 1976 and who is now the MP for Sittingbourne and North Sheppey, has returned to sporting action. He is to petition the High Court next week seeking a judicial review of the position of the England and Wales Cricket Board.

Wyatt claims that clause four of the ECB's constitution states that they are bound "to uphold and enhance the traditions and spirit of the game of cricket." He has received legal advice from a Queen's Counsel that the ECB, as the players' employers, might be in breach of that responsibility.

He has summed up the basis for his legal challenge by saying in The Observer, "Nasser Hussain and the rest of the players clearly do not want to play this match in Zimbabwe, yet at the moment the ECB are still helping to force them to do something their consciences find repugnant.

"I believe the ECB's stance is contrary to their duty to uphold the spirit of the game and believe there is a very good chance the judge will agree. If the players want to play the match elsewhere, surely forcing them to play in Zimbabwe violates the sport's true spirit, which is all about fairness, honesty and integrity."

Wyatt suspects that the whole basis of the issue is centred on risk assurance. He thinks that the Murdoch-backed group who secured the television rights would have had a risk insurance that covers them against cancellation of matches. No match, no money. The World Cup would cease to be what they bought and certainly if there is a suspicion that they might have offered too much for rights at a time when the market was more buoyant than it is now, this could be a chance for Mr. Murdoch to save some money. That would be enough to get the ICC nerves jangling, to say the least.

Questions then have to be asked about the ICC risk insurance, and that of the ECB. Did they have risk insurance, and is there insurance covering security issues? Wyatt has, as yet, been unable to get an answer. He fears that concern has passed away from player security to finance. "They're petrified they'll lose their money," said Wyatt.

Insurance was also a topic on the agenda when the Professional Cricketers' Association discussed the matter on Saturday. Managing director of the PCA, Richard Bevan, has requested a letter from AON, the ECB's insurance brokers, confirming that there are not any issues with the insurance of England players travelling to Zimbabwe.

The players have also been told that the Kroll report, on which the ICC has based its decision about the security situation in Zimbabwe and Kenya, will not be made available to them. However, their representatives will be able to meet the authors of the report in Cape Town next week.

Despite the fact that the information has been officially withheld, a member of the media who has seen the report has confirmed to the PCA that it contains the information: "Extensive disruptions of the matches are planned by elements in the opposition MDC party."

With the PCA legal advisor, Gerrard Tyrrell, taking up pressing matters with the ECB and the Wyatt hearing taking place next week as well, courts and conference rooms will be the scene of as much pre-World Cup activity as the nets and the practice grounds.