Test cricketer loses Melb grand final bid
A Sri Lankan Test cricketer's bid to play in a Melbourne suburban cricket grand final has failed in a last ditch Supreme Court action.
Malinga Bandara, who played eight Tests for Sri Lanka as a leg spinner, was suspended from the Dandenong District Cricket Association final after an altercation during last Saturday's semi-final.
Bandara, 36, allegedly swore and used his bat in a threatening manner towards opposition player Trevor Davies, who admitted to grabbing Bandara's helmet grille.
Both were suspended for two matches, but Bandara launched legal action in a bid to play on Saturday afternoon.
His lawyer Myles Tehan said the Thursday night tribunal made a mistake by not allowing Bandara to call Davies as a witness.
"(There was) a failure by the defendants to accord procedural fairness and natural justice," Mr Tehan told the court on Saturday.
But tribunal chair and former Dandenong mayor Christine Ware said Bandara's experienced player advocate had been told to tell the tribunal if he wanted to call witnesses - and he did not.
Justice Jack Forrest found in favour of the cricket association and the tribunal members, who he said did their best in the circumstances.
He also said courts generally stayed away from second-guessing sporting tribunals.
"It is unknown to the point of a rarity... to interfere with a domestic tribunal," Justice Forrest said.
He dismissed Bandara's application and ordered him to pay the association's costs.
Outside the court, Ms Ware said common sense had prevailed.
"The Supreme Court of Melbourne is not where I expected to be this morning, but on short notice I'm happy to come and defend our actions," she told reporters.
Springvale South Cricket Club chairman Tim Cockayne said he was disappointed for Bandara, but the club still expected to win the final.
"I'm extremely disappointed for him and his reputation," Mr Cockayne told reporters.
"He's never been reported, never been disciplined, never been suspended."
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