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comingupthehill
03 Jul 23 20:18
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Date Joined: 10 Jul 05
| Topic/replies: 6,474 | Blogger: comingupthehill's blog
Sir justice hill sitting.

Ruling.

Prima facile case.
St John’s Wood assizes transferred this to the high court,after the appellant appealed,stating howzat not really being a defence.
Also before the court was the Australian team,charged with conspiracy to defraud,with entering into a scheme with Carey,knowingly trying to steal the ashes.

It was stated that Carey attempted to cheat the crown of the 2nd test,thus the ashes,justice stokes speaking on behalf of bairstow,indicated that bairstow,a man of high morals and good standing,was tricked and conned by a vagabond named as Carey.And appealed to the high court for recompense.

After reading all the statements,and viewing the evidence,justice hill reports his ruling herein.

It was accused that Carey,a con artist from the Australian colony ,deliberately tricked bairstow of his wicket,Carey in his defence claimed he acted at all times with honest endeavour.

The facts.

Bairstow after choosing to leave a high ball from one of the Australians,ducked out of the way,he then made a positive move of stubbing his foot into the crease,showing to everyone on the field that he was safely in his crease.

Carey having studied bairstows previous behaviour,knew this but realised he might leave his crease after claiming to be safe and ball dead.

The court noted that with virtually all run outs or stumping,players tended to be as quick as they could to take a wicket.

Yet Carey,after catching the ball and clearly seeing bairstow in his crease,gently  threw the ball towards the wickets,has it being the end of the over,this could be later claimed,he was just throwing towards the pitch for the next bowler.there was no urgency in Carey’s actions,and was hoping to fool bairstow into believing the ball to be dead,but later claiming the ball was still live.

Many experts have testified,saying the Australians was switched on,and quick thinking,
But the court finds that,if this was the case,why didn’t Carey throw the ball faster,why did Carey even attempt to throw the ball at bairstows stumps,given he was clearly in his crease.
By throwing it slowly,the court finds that Carey deliberately tricked bairstow into letting him believe the ball was dead,but later claiming it was always live.

Conspiracy charge.
The Australians are accused of entering into a conspiracy with Carey,into deceiving bairstow.after studying bairstow they saw their chance of tricking him.
The courts first question was.why didn’t the Australians warn bairstow of his behaviour,this is the usually practice,especially at the non strikers end.
The court finds that having seen stokes place England in a winning position,and knowing bairstow was key to them getting the ashes,they  ignored this,and entered into the conspiracy with Carey.
But there was lack of evidence of this.

The court believes,that Carey acted alone,having studied bairstow from his position behind the wicket,the court believes that some of the others players would of not gone along with this scheme,having been caught before they would of stopped Carey in his tracks.

The court also notes,that it’s ironic that the one honest man in the Australians team Tim Payne ,was sacked,only to
Be replaced by Carey.the one dishonest man in the team,given australias history of evolution,a rare feat.

Punishment.
Carey’s gloves should be seized by the court and burnt,the ashes should be sent off the next ship destined for Australia.

The court rests.
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Report brentford July 3, 2023 8:33 PM BST
even if there was a case to answer you'd have the wrong man in the dock...

all impact of actions are dependent on a Mr P.J Cummins insisting on application of the law...

defence also offers video evidence of Mr J.M Bairstow himself having regularly undertaken similar practice to the accused in an unsuccessful but no less pre-meditated effort when in charge of gauntlets of a very cricketing variety...
Report comingupthehill July 3, 2023 8:49 PM BST
The court was presented with bairstows previous attempts of stumpings,but believes when bairstow attempted this,the player was,over balanced,trying to nick a run,so was justified in his attempts.

Not only was bairstow trying to not gain an advantage,he announced to everyone,he was in his crease,the foot stub.

Hence why Carey didn’t rush his throw,hence why Carey threw the ball at the stumps,slowly.

Carey didn’t seize his chance,he stole his chance.

There was no chance has bairstow was in his crease,he tricked him after the fact,after the ball should been called dead.

He knew what he was doing,they study every player,for weaknesss,

This was a con trick,

Even if bairstow is in the wrong,he isn’t,he should have been warned first,as not looking to gain an advantage.

Unlike the other end,who do get warned,even though they are trying to gain an advantage.
Report comingupthehill July 3, 2023 8:49 PM BST
The court was presented with bairstows previous attempts of stumpings,but believes when bairstow attempted this,the player was,over balanced,trying to nick a run,so was justified in his attempts.

Not only was bairstow trying to not gain an advantage,he announced to everyone,he was in his crease,the foot stub.

Hence why Carey didn’t rush his throw,hence why Carey threw the ball at the stumps,slowly.

Carey didn’t seize his chance,he stole his chance.

There was no chance has bairstow was in his crease,he tricked him after the fact,after the ball should been called dead.

He knew what he was doing,they study every player,for weaknesss,

This was a con trick,

Even if bairstow is in the wrong,he isn’t,he should have been warned first,as not looking to gain an advantage.

Unlike the other end,who do get warned,even though they are trying to gain an advantage.
Report comingupthehill July 3, 2023 9:01 PM BST
The court did note,that The MCC members,some who sit on these benches,were accosting the Australians and abusing them,whilst shouting,it’s just not cricket,it’s ungentlemanly conduct,
Report comingupthehill July 3, 2023 10:02 PM BST
Rule 174.ii.
The batsman can make a foot movement to indictate the ball is dead which in turn shall end play for that delivery.

So only bairstow was playing to the rules.

Hence why Carey chanced his arm,hence why rolled it slowly towards the stumps at end of over.he knew he d walk,cos that’s his trait,perfectly correctly.

It had to be planned hence slow throw,not a spur of the moment reaction.

It’s cheating

Case closed.
Report SontaranStratagem July 3, 2023 10:27 PM BST
It's so bad the way the media have gone overboard though

I don't remember us moaning when Broad refused to walk despite breaking his bat hitting it to slip.
Report Whisperingdeath July 4, 2023 7:08 PM BST
Law 41.2.1 (Unfair actions) and Law 42.1.2 (Unacceptable conduct), the ball will be considered to be dead at the point of the call.

Either umpire shall call and signal Dead ball when

20.4.2.1 intervening in a case of unfair play.
Report FELTFAIR July 4, 2023 9:00 PM BST
Don`t know if this has been asked already but it has been stated that until the umpire calls"over" the ball is still live but what if the same event took place before the end of the over what signals when the ball is no longer live?
Report Whisperingdeath July 4, 2023 11:35 PM BST
A boundary, wicket, run out,

If BOTH sides indicate the ball is dead

The umpire

Bairstow indicated the ball was dead by scratching the crease with his studs but Australia did not. Poor form from Cummins. It is not cheating but not cricket either. England do have form themselves.
Report nineteen points July 5, 2023 7:12 AM BST
Thats right whisper.he tapped "in" indicating he acknowledged ball was dead.

felt,thats why he did it that ball,its was a chance he took and he hit lucky.

end of the day he will be just another no mark cricketer only known for his cheating.
Report brentford July 5, 2023 9:23 AM BST
the batsman alone doesn't get to make that choice and as referenced numerous time England have (inc when Bairstow keeping) attempted similar stumpings many times
Report FELTFAIR July 5, 2023 10:54 AM BST
Perhaps when the wicket keeper gets rid of the ball to a fellow fielder the ball is deemed dead. I get it at the end of an over but in the middle of an over it seems a grey area but as stated below Bairstow definitely "tapped in" as indicated below. I saw Allan Lamb interviewed and he said if a batsmen was persistently stepping out of his crease it is "etiquette" to warn the batsmen before taking a punishing action.
Report comingupthehill July 6, 2023 6:54 PM BST
The court is happy with its verdict,after having seen Carey  dragged on a cart through the streets to tithebarn to the gallows,the public rightly jeered him,many cabbages and vegetables were thrown at Carey.

The court noted that many dukes,knights and barons tried to justify Carey’s actions.
But all their excuses,involved
Overbalanced players
Players looking for a run,
Or lack of concentration by the player.

All of these facts didn’t apply to bairstow.

Carey,in the courts believe is a confidence trickster,knowing full well how to trick bairstow and steal the ashes.
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