Spot Fixing Saga: ‘He who is caught goes in’

Barrister Amjad Malik, London 4,November 2011

News of the world’s undercover report and revelations on spot fixing involving Pakistani Cricket players startled the cricketing world. It turned out to be a deadly development for the mainstream Cricket, and was disappointing for the those millions who watch on TV and take interest in this great game and for those who go one step ahead and pay for tickets, travel and watch it live at the ground expecting a fair duel and competitive match.

The writer in his 6 September 2011 writing in Tribune suggested that, “ It is my humble opinion that in principle all criminal and ICC investigations must be cooperated by Govt, PCB and players. Players must be provided full legal support and if they feel they are innocent, they must take action as a group privately where state is not a party against the NOTW (News of the World) for defamation in the high court in Strand. In all Scotland Yard enquiries, they must be given the benefit of the presumption that they are innocent until proven guilty by a court of law.’ The writer further advised that, “ In the interest of curtailing damage to the country’s repute and the game, those named players in the report must be replaced with the fresh faces, so that the future games and results are devoid of any doubts of any match fixing allegation. If the players are cleared of any wrong doing only then, they must be allowed to join the national team after going through a vetting process by a committee of PCB. Pakistan Cricket Board must act responsibly as delay tactics with inaction may cost Pakistan their place in international Cricket as looking at the evidence it seems there is a prima facie allegations of a spot fixing, if it goes further to a match fixing is yet to be probed”. I warned, “PCB as a governing body must act vigilantly and remain distanced from the accused players. If little late, they may delay the proceedings for a while but God forbid if the players are found guilty in the end, the loss will be of state if PCB remained adamant and partisan ignoring the crucial facts & evidence. Their machinery of discipline must come in action. If the board wishes a head on collision with the newspaper (News of the World) by suing for defamation, then they must first know what the paper knows, only then, there is a cause of a case in such lines, otherwise defamation too must be left on individual players who are named in the story”.

In February 2011, Times reported my comments that I am critical of the board's role and felt they had damaged the cases of the players with their mishandling and misreading of the seriousness of the situation immediately after the spot-fixing allegations were first made against the players. "The board didn't allow or advice the players to hire the best lawyers immediately after the allegations came out and instead gave some statements that hurt their case and then the board just distanced itself from everything and the players were left without any guidance or help, I also advised the players to now tread carefully while appealing against their bans, as "They are still facing criminal charges from the London Metropolitan police and I think it would be useless for them to appeal against their bans at this stage before ICC. I concluded by saying, "First they must try to get the criminal charges dropped that would have a big bearing and then appeal against their bans."

On 3 November’s fateful day all 3 players have been first convicted and later sentenced to imprisonment. Salman Butt, Mohammed Asif and Mohammed Amir to 30 months, 12 months, and 6 months respectively. It is a national shame and sadness over the whole saga and bitter reality that a young boy like Mohammed Amir so easily was trapped and lost his career at the hands of a few wishful thinkers who thought they will always get away with it. Judge sent them all to jail as he considered allegations ‘very serious’ and held that the players turned the game into a business. It is an irony that players were tried under prevention of corruption Act 1906 and s.42 of the Gambling Act 2005 for cheating and accepting corrupt payments. No sportsmen had been convicted in the UK courts for cheating since three professional footballers, including two Sheffield Wednesday players, were jailed in 1964 for betting on their team to lose two years earlier. Trio was tried, convicted and sentenced under a 105 years old law does not make sense under which last case was tried and conviction was secured in 1964. Something has badly gone wrong somewhere down the line, its not for me to discuss, diagnose, treat and or reason with. However, negligence is floating on the surface. It was Govt’s failure that it did not create a distance between players, board and the state in respect of ‘spot fixing’ allegations revealed by News of the World’s undercover reporter in August 2010 no matter how silly they were. All state institutions (Players, Board, High Commission, Govt, State) stood in one line claiming innocence and or guilty which was to me a disservice to state as there is always a room of truth in the other side story. Their failure to acknowledge serious corruption allegations and blatant inaction led to ICC taking a stringent actions including a hurried suspension which later resulted in a ban by ICC tribunal and now British Crown Court convicting those crickets is an insult to injury. Board Chair first made frivolous allegations against English players later took a u turn and apologised. Had the Govt taken a stern action at the start the matter would have been best handled at home. Board also failed to mentor, guide and protect young assets from falling a prey in the hands of habitual gang masters and in return Govt failed to ensure proper oversight. Even Justice Qayyum Malik’s enquiry commission, report & recommendations of 1998 in response Majid Khan, a legendary cricketer’s letter were binned where the judge suggested to link and scrutinise annual assets of players like politicians. If lessons are not learnt from this episode then failure to bridle corruption at home will lead foreign states giving judgments on each individual matter whether its cricket, departmental corruption and or slashing public funds, banking and parking abroad.

It’s high time that Pakistan appoints a Commissioner in PCB who acts as a watch dog to monitor implementation of ICC rules in relation to discipline, ensure anti corruption measures and anti doping policies. It also introduce players to international world and create awareness. Policy in relation to flag carriers must be strict, needs to be explained to the players who represent the state and there must be no compromise and leniency with those who flout the law at home and abroad. Pakistan as a state needs to look at ‘corruption’ with a new mind set, contempt and a sheer will to deter corrupt practices in all ranks and file and it needs to introduce a practical legislation coupled with a judicial forum which adjudicate such elements and bring them to account so that the message is stronger and act as a viable deterrent. It must be clear that no one could get through the net through coercive measures as is the case in the immediate past, otherwise tomatoes, eggs, and shoes will be hurled at the heroes who dig our heads in sands with shame due to their poor actions. I urge the Govt and people of Pakistan to make this incident an example for everyone at home and promote corruption free policy  & mindset at individual and national level if it comes up to the challenges ahead. I hope Pakistani public will accept this challenge to make corruption a history in near future in Pakistan. As far as Cricketers are concerned they are victims of their own deeds and thus are punished. One punishment is enough as they are barred from playing anyway, so we must leave them alone and sympathise with their families. Whether players appeal or not Amir’s confession is enough to nail the coffin. They must try to find solace in repentance, and rehabilitation rather than trying actively to find answers in conspiracy theories & blame game.

Barrister Amjad Malik is a chair of the Association of Pakistani lawyers (UK).

4 November 2011

Background links:

Tribune Sept 2010

Match Fixing Saga

06 September, 2010

http://paktribune.com/pak_new/articles/Match-Fixing-Saga-231335.html

Times February 2011

Ex cricket officials lambast PCB for deserting tainted trio

http://articles.timesofindia.indiatimes.com/2011-02-06/top-stories/28359023_1_spot-fixing-pcb-cricket-officials