David Warner free to appeal leadership ban after Cricket Australia confirms amendments to Code of Conduct

Cricket Australia on Monday released a statement saying it had passed amendments to its Code of Conduct allowing players to appeal to have penalties imposed on them reviewed, appealed, and overturned, eight months after the issue was first brought forward by the players' union. This change would allow opener David Warner to appeal his lifetime captaincy ban after the 35-year-old was handed severe punishment following his involvement in the ball-tampering scandal in 2018.

The statement further underlined the process and determining factors for the appeal, revealing that three-member panels would be appointed to adjudge whether a player had shown remorse for his actions and followed it up with changed behaviour. The original incident, however, won't be under review since the penalty imposed then would be assumed to be appropriate for the circumstances that existed at the time.

"Any applications will be considered by a three-person review panel, comprising independent Code of Conduct Commissioners. (They) must be satisfied that exceptional circumstances exist to justify modifying a sanction.," Cricket Australia said in a statement. 

"These circumstances and considerations will include whether the subject of the sanction has demonstrated genuine remorse. The subject's conduct and behaviour since the imposition of the sanction. Whether rehabilitation programs have been completed undertaken (if applicable) and the length of time that has passed since the sanction was imposed. And whether sufficient time has passed to allow for reform or rehabilitation," it added.

Warner has captained Australia in 12 matches previously, all of them in limited-overs cricket. The 35-year-old, thus, could be in contention for the role of T20I captain should he manage to successfully appeal his ban considering the incumbent Aaron Finch stands on the verge of retirement. Moreover, the veteran batter could also be handed the reigns of Sydney Thunder for the upcoming Big Bash League season as well as the opportunity to stand-in for Pat Cummins in accordance with the team's new philosophy of having a wider leadership group. 

Upon receiving the news, Warner vented out his frustration during a promotional event.

"I'm not a criminal. You should get a right of an appeal at some stage. I understand that they put a ban in place but banning someone for life, I think it's a bit harsh. Where it's been disappointing, it's taken this long to get to where it has. It was brought up in I think February this year. So it's been drawn out. It's traumatic for me and my family and everyone else that was involved in it. We haven't needed to go back into that detail. We don't need to relive what happened," he was quoted saying by ESPN Cricinfo.

"It's frustrating because we could have done this about nine months ago when it was first brought up. It's unfortunate that obviously Finchy retired and then they sort of fast-tracked it in their own way. But it's a tad disappointing that when you make a decision in 2018, it's in four days, and then this takes nine months," he added.

"So that's the hardest thing. It actually makes me look like I'm campaigning, which I'm totally not. So from my perspective, that's where it's been disappointing. "But it's good to get in a position where we are now today. And it gives me an opportunity to ring up the integrity unit to therefore have a word to them and put forward my case of I guess, the 100 hours [of community service] that I did in 2018 for what happened. Basically, all this good behavior stuff that I've done, I think I have to put forward so I'm happy to do that," Warner concluded on the matter.