A loophole in the Counties competition structure has allowed former national cricket captain Charlie Marshall to escape with a three-match ban for league matches for an offence in the Champion of Champions final.

The decision has at least one umpire upset and has been questioned by secretary of the Bermuda Cricket Umpires' Association Randy Butler who feels the punishment was not severe enough for what the veteran cricketer did.

However, chairman of Bermuda Cricket Board of Control's (BCBC) Disciplinary Committee Gary Fray said that, based on their jurisdiction, rules and the offence, Marshall received an appropriate sentence which was upheld despite an appeal.

Though Butler and Wilbur Pitcher - one of the standing umpires when Marshall brought "the game into disrepute" on September 8 while playing for Bailey's Bay - felt Marshall should have been banned for at least one Eastern Counties match, the BCBC were powerless to enforce this because they are not in charge of regular county matches - only the Champion of Champions clash.

Therefore, explained Fray, the BCBC could only hand down a ban for games under their control.

"The Champion of Champions match is run by the BCBC but when it comes to a county game, that's separate all together. Regular county games are run by the respective Counties.

"We have no jurisdiction over the Counties so we can only ban a player for any competition that's run by the BCBC," said the disciplinary head.

In addition, he noted it was impractical for the BCBC to ban a player for three Champion of Champions finals because that would be a three-year ban and it would be assuming that the said player's team were going to reach the final in all three years.

BCBC president Reggie Pearman confirmed that Marshall would serve his ban in domestic or international cricket "whatever comes first". Since Bermuda are not slated to compete internationally again before a World Cup qualifier in the United States next September, it's a given the ban will be served for three league matches.

Reacting to the decision, Butler said his colleague Pitcher was "quite upset" that Marshall did not receive harsher punishment. He too expressed surprise at the outcome.

"In my opinion, he doesn't feel anything missing three league games. But if they say you're going to miss three league games and a county game that means he wouldn't be able to play for Bailey's Bay in the first round.

"I think it would hit him that way. That's what I thought - that they should have included one county game.

"If you do something wrong in a One-Day International, the ICC (International Cricket Council) doesn't say `You're going to miss two league games back home'. They say `You're going to miss two One-Days'. That's how it works.

"It's like punishing St. George's instead of Bailey's Bay. That's the way I look at it. He didn't commit the offence playing for St. George's," reasoned Butler, referring to the fact that Marshall skippers St. George's' league team.

Defending the sentence, Fray said the BCBC used international guidelines in keeping with the ICC, adding that the committee - given the nature of the offence - "felt it didn't warrant more than a three-match suspension".

Marshall, who captained Bermuda in the ICC's Americas Cup in Argentina earlier this year, apparently accused Pitcher of being biased against Bay after the umpire turned down an appeal for a catch. Marshall was also said to have sworn in the match which his team lost to Western Stars at Lord's. He appeared before the committee on October 21 along with Bay officials.

Another point that has rankled the umpires is that the matter was swept under the carpet and not publicised. Butler thinks that putting such issues in the media could help uplift players' on-field behaviour.

"We have never been able to convince the Board that this should happen. I think the Board should automatically release information when disciplinary matters come up, indicating the offence, the punishment and something to the effect that the Board looks dimly on such things.

"Other guys who border on bringing the game into disrepute never hear about anybody being punished so they think they can do it too," he noted.