Dion Stovell?s four-month ban for failing to walk after being given out is unconstitutional, has learned

The prolific Warwick batsman was suspended by the Bermuda Cricket Board (BCB) for allegedly bringing the game into disrepute while representing Bermuda?s Under 23 squad in Jamaica last August.

But according to the International Cricket Council (ICC) official Code of Conduct for players, Stovell should never have received a ban of any length.

During a limited overs contest against Barbados at Camp Field in Jamaica, Stovell stood his ground after being given out and gestured with a finger the ball had come off his helmet before the catch behind was taken.

A video tape of the match later revealed the ball had actually come off the helmet.

The promising all-rounder received a one-match ban, which was served on tour, but was then told by the BCB early last month that he would be required to serve additional punishment ? although a Level One offence that does not require a player to serve out any suspension or ban, according to the ICC?s Code of Conduct.

Titled Offences and Penalties, article CC (1.3) in the ICC Code of Conduct states: ?The penalty for a level One offence shall be an official reprimand and/or a fine of up to the equivalent of 50% of the player of official?s match fee.?

In fact, in the worse case scenario, the harshest ban Board officials could have imposed under international guidelines would have been a two-match ban, had Stovell committed a Level Two offence ? ?showing serious dissent ... by action or verbal abuse?.

Although Bermuda is only as associate member of the ICC, the full force of the Code of Conduct does apply to the Island team as they were competing in an official tour match under the auspices of the West Indies Cricket Board.

In March this year West Indies skipper Brian Lara was fined 50% of his match fee after committing a level one offence. Lara was found guilty of showing dissent at an umpire?s decision by action or verbal abuse during this year?s Test series against England at Port of Spain ? exactly the same offence Stovell is alleged to have committed in Jamaica.

As well as questions related to the severity of Stovell?s punishment, there are those among the cricket fraternity expressing concern as to an apparent conflict of interests as senior BCB executive Gary Fray, chairman of the Board?s disciplinary committee, is also president of Warwick Workmen?s Club ? the same club Stovell represents in the BCB First Division.

?Do you guys have the full report or know what he (Stovell) was charged with?? Board president Reggie Pearman would only say before hanging up the phone yesterday.

But according to reliable sources, Stovell has in fact been charged solely for standing his ground. can also confirm that Stovell?s team-mates George O?Brien Jr, Treadwell Gibbons Jr and Shannon Raynor each received probation for incidents ranging from fighting to unsportsmanlike conduct demonstrated on the same tour.

Another player, Azeem Pitcher, escaped punishment after sending the Board a written letter of apology.

Stovell, pictured below, who scored a double-century representing Bermuda?s Under 19 national squad in Canada nearly two years ago, was in the process of transferring to neighbouring Southampton Rangers.

The player has appealed against the suspension.