Asif, Amir & Salman charged in UK

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Asif, Amir & Salman charged in UK

Murtaza Ali Shah
Saturday, February 05, 2011

LONDON: Pakistan cricket had another devastating blow on Friday when UK prosecutors charged cricket stars Mohammad Aamir, Mohammad Asif and Salman Butt besides their agent Mazhar Majeed with conspiring to cheat bookmakers.

The charges relate to alleged incidents of cheating at the last year’s Test match at Lord’s when Pakistan was playing against England.

After a sting operation by its investigative editor Mazhar Mahmood, Rupert Murdoch-owned weekly News of The World claimed that Pakistani players, on behest of their British Pakistani agent Mazhar Majeed, were willing to deliberately bowl no-balls as part of a spot-fixing betting scam.

Simon Clements, head of the Crown Prosecution Service Special Crime Division, in a statement said, “We have

decided that Mohammad Aamer, Mohammad Asif, Salman Butt and their agent, Mazhar Majeed, should be charged with conspiracy to obtain and accept corrupt payments and also conspiracy to cheat.

“The charges relate to allegations that Majeed accepted money from a third party to arrange for the players to bowl no balls on 26 and 27 August 2010, during Pakistan’s fourth Test at Lord’s Cricket Ground in London.”

Majeed, 35, of Oaks Road, Croydon, south London, is the owner of crisis-hit Croydon Athletic Football Club. Last year, officials said they were “devastated and appalled” by the claims and one of its senior officials had committed suicide after the match-fixing scandal rocked the club.

The three players and Mazhar Majeed will appear here at the City of Westminster Magistrates’ Court on 17th of March over their actions — conspiracy to obtain and accept corrupt payments and conspiracy to cheat.

The Metropolitan Police’s anti-corruption unit raided the dressing rooms of Pakistani team. The three players were interviewed by the Scotland Yard detectives in London under police caution and allowed to leave the country after an undertaking was given by the Pakistan Cricket Board and Pakistan High Commission that the players will return voluntarily if required by the legal authorities.

“Their extradition will be sought should they fail to return,” said Simon Clements, adding the summons for the three players had been issued for the same date.

He continued, “The Crown Prosecution Service had been working closely with the Metropolitan Police Service since the allegations of match-fixing became public on August 29, 2010. We received a full file of evidence on December 7, 2010, and we are satisfied there is sufficient evidence for a realistic prospect of conviction and it is in the public interest to prosecute.

“I would remind everyone that these men are entitled to a fair trial and should be regarded as innocent of these charges unless it is proven otherwise in court. The International Cricket Council tribunal is due to announce its decision but criminal proceedings are active now.

“It is extremely important that nothing should be reported which could prejudice the trial.”Accepting corrupt payments is an offence under the Prevention of Corruption Act 1906 and carries a maximum sentence of seven years imprisonment and an unlimited fine.

Cheating is an offence contrary to Section 42 of the Gambling Act 2005. It carries a maximum sentence of two years imprisonment and an unlimited fine. If the accused contests the case, then the conviction is delivered after the trial and chance of a higher sentence is likely but if a guilty plea is entered at the earliest opportunity, then the sentence can be less harsh.

Speaking to The News, News of the World (NoTW) spokeswoman welcomed the news of charges. The spokeswoman said: “Every true cricket fan will want to see justice served. We will continue to assist the police with their inquiries and look forward to presenting our extensive dossier of evidence in open court.”

Mohammad Islam Khan, a prominent barrister turned solicitor of Pakistani origin in London, explained to The News the next steps involved. “Conspiracy is a matter that can only be dealt with in the crown court, however they will make a first appearance in the magistrates court, which is where all cases no matter the gravity or magnitude start off at.”

After the appearance at the Magistrates’ court, the case will be sent immediately to the crown court for a plea and case management hearing (PCMH). “It is at this hearing they will be expected to enter a plea in respect of the charge against them. If they plead not guilty, then the judge will proceed to fix a trial date and make a number of directions concerning the case. That is, the judge will fix a timetable of when certain things should be done by both the prosecution and defence, in advance of the trial hearing.”

Barrister Fraz Butt of Saracens Solicitors stated that this was a two way street and the proviso of ‘innocent until proven guilty’ is paramount in English law.

“The problem of course is achieving this ideal, whilst a great number of people may have already been influenced by the media reports, before the investigation is concluded,” Butt said, urging the readers to remain faithful to the English legal system which he affirmed as the fairest in the world and believed would undoubtedly result in the right outcome.

A spokesman at the Pakistan High Commission said he can’t comment because the case is sub judice. Sabir Shah adds from Lahore: As predicted by The News and Daily Jang in their August 30, 2010, editions, the three tainted Pakistani cricketers have been charged with corruption offences by England’s Crown Prosecution.

In a story, appearing in both The News and Daily Jang, this scribe had written: “All proceedings on indictment in the UK must be brought before the Crown Court. By virtue of practice directions, issued under Section 75 (1) of the Supreme Court Act 1981, an indictment must be tried by a high court judge, a circuit judge or a recorder (depending upon the offence).”

Asif, Amir & Salman charged in UK