On Thu, 16 May 2013 03:42:54 -0700 (PDT), Ramapriya
<
d.ram...@gmail.com> wrote:
>On May 16, 2:15=A0pm, jzfredricks <
jzfredri...@gmail.com> wrote:
>> On Thursday, May 16, 2013 5:19:17 PM UTC+10, Ramapriya wrote:
>> > PS: It's interesting that you don't have anger against what has
>> > allegedly happened but only think it extraordinarily dumb of the
>> > players to have indulged in it, given the past bans.
>>
>> Would it pain you to know that perfectly intelligent RSCer said "they wer=
>e just no-balls" w.r.t. the 3 Pakistanis?
>> It did me.
>
>
>I've felt that some punishments in cricket are a bit OTT. I mean, one
>orchestrated NB and 3 chaps do porridge for ages! The act was
>undoubtedly wrong, but the punishment was awfully harsh, a bit like in
>KSA where thieves' hands are chopped off, regardless (nearly) of what
>was stolen.
>
>Ramapriya
>
They didn't go jail just for bowling no balls.
max.it
*********************************
R v Mazhar MAJEED, Salman BUTT, Mohammad ASIF and Mohammad
AMIR
Southwark Crown Court
Sentencing remarks of Mr Justice Cooke
3 November 2011
1.
The gravamen of the offences committed by all four of you is the
corruption in which you engaged in a pastime, the very name of which
used to be associated with fair dealing on the sporting field. It�s
not cricket was an adage. It is the insidious effect of your actions
on professional cricket and the followers of it which make the
offences so serious. The image and integrity of what was once a game,
but is now a business is damaged in the eyes of all, including the
many youngsters who regarded three of you as heroes and would have
given their eye teeth to play at the levels and with the skill that
you had. You procured the bowling of 3 no balls for money, to the
detriment of your national cricket team, with the object of enabling
others to cheat at gambling. Now, whenever people look back on a
surprising event in a game or a surprising result or whenever in the
future there are surprising events or results, followers of the game
who have paid good money to watch it live or to watch it on TV, in the
shape of licence money or TV subscriptions, will be led to wonder
whether there has been a fix and whether what they have been watching
is a genuine contest between bat and ball. What ought to be honest
sporting competition may not be such at all.
2.
In Pakistan, where cricket is the national sport, the ordinary
follower of the national team feels betrayed by your activities, as do
your fellow countrymen in this country. You Butt, Asif and Amir have
let down all your supporters and all followers of the game, whether
suborned by you, Majeed, or more than willing co- conspirators. Whilst
those involved in unlawful betting in this country where the market is
regulated, may not deserve much sympathy, and the evidence was that
betting on no balls only occurred in unlawful markets, mostly abroad,
where betting on cricket may not be allowed at all, the effect of what
you were seeking to do was to defraud bookmakers, whether licensed or
unlicensed and whether carrying out lawful or unlawful bookmaking in
the country in question, where public policy may differ from this
country. If other fixes were to be done on less esoteric events than
no balls, such as brackets, then it is certain that they would
affect lawful betting. Your motive was greed, despite the high
legitimate rewards available in earnings and prize money.
3.
I bear in mind that this was a sting by the NOTW, but that does not
render your culpability any the less, once it is recognised that you
were involved in discussing such activities outside the scope of the
sting, as it is clear that you Majeed, Butt and Amir were. Though no
cheating bets were placed by reason of the information given to the
journalist, the intention was that they should be and if information
was supplied to others, as it was, that could only have been for one
purpose.
4.
These offences, regardless of pleas, are so serious that only a
sentence of imprisonment will suffice to mark the nature of the crimes
and to deter any other cricketer, agent or anyone else who considers
corrupt activity of this kind, with its hugely detrimental impact on
the lives of many who look to find good honest entertainment and
good-hearted enjoyment from following an honest, albeit professional
sport.
Mazhar Majeed
5.
You have pleaded guilty to two counts of conspiracy:
5.1. first � conspiracy corruptly to give Salman Butt, Mohammad Asif
and Mohammed Amir money as an inducement to identify in advance
occasions during the Test Match series between Pakistan and England
when they would play in a specified manner.
5.2. Secondly �conspiracy to do acts to enable others to cheat at
gambling by identifying those occasions to others including the NOTW
journalist so that those individuals you thought were part of his
betting syndicate could win money by betting on the occurrence of
those events.
6.
In your basis of plea, you asserted that your actions related solely
to the arrangement of the bowling of no balls and that some of what
you said to the journalist with regard to previous spot or match
fixing was untrue and merely designed to impress him and attract his
confidence. I refused to accept that basis of plea.
7.
In consequence I gave you the opportunity to give evidence in a Newton
hearing on these issues, but you have since accepted that your part in
the conspiracy covered not just the no balls actually bowled at Lords
but wider events at Lords and the Oval.
8.
Whilst others have described you as a blagger and your own counsel now
says, along with other defendants, that much of what you said to the
Journalist is not to be believed, the fact remains that, in your
meetings with him, you spoke of your involvement in spot fixing and
match fixing and of the players you managed in the Pakistan team and
your ability to use the three players before me in such activities,
naming others also who are not before the court. You said it had been
going on for years. The fact that of the �150,000 that you actually
received, only
�2500 in marked notes was found in Butt�s possession and �1500 in
Amir�s possession, together with the evidence of payment of �13,000
into Butt�s bank account and some �23,000 into your company�s
accounts, suggests that you took the lion�s share of the cash paid by
the journalist, notwithstanding what, through your counsel, you have
now said about its distribution. Moreover, what the court has mostly
been concerned with here- the arrangement of three no balls- is only
part of the corrupt activities in which you have been involved.
9.
On the evidence, you were not only responsible for arranging with
Salman Butt, and directly or indirectly with Amir and Asif, for the 3
specified no balls in the Lord�s test which were actually bowled, (2
on the 26th and one on the 27th August 2010, but you also arranged
with Salman Butt:
9.1. for Salman Butt to bat out a maiden over at the Oval test match
on 21 August on the first full over that he faced that day
9.2. for a second no ball to be bowled by Amir on 26th August, when he
was first to bowl round the wicket, which did not occur that day, and
was then replaced by agreement that evening by the no ball actually
bowled by him on the third ball of the third full over that he bowled
on 27 August . You agreed this with Salman Butt and either directly or
indirectly with Amir.
10.
You told the journalist that you had been fixing things with the
Pakistani team for about two and a half years, though your counsel now
says that the suggestion of spot fixing first came up in June 2009. I
can give little credence to anything said by your counsel on your
instructions to this court and approach what you said to the
Journalist with more than a pinch of salt, as it was sales talk to
gain his confidence to part with money, of which you were short at the
time.
11.
What is clear however is that you were involved in fixing not only
with the journalist but with others during the period covered by the
Indictment. Whether or not what this court has had to consider is just
the tip of an iceberg, is not for me to say and lies beyond the scope
of the evidence I have heard, but, even allowing for your �sales talk�
to the journalist, I am sure that there was an element of truth in
what you said about past fixing.
11.1. You were paid �150,000 for information given and to be given in
the future.
11.2. It was agreed that the journalist would pay you �10,000 for each
no ball identified to him in advance � or at least �20,000 for 3 no
balls, of which he paid �10,000. Bets could be placed on these no
balls in unlawful markets, mostly abroad, based on inside advance
knowledge of what was going to happen.
11.3. It was agreed that he would pay �150,000 as a deposit (of which
he paid �140,000) from which you would draw down for information to be
given to him in respect of brackets � the number of runs to be scored
or wickets taken (or rather runs or wickets given away) in a specified
number of overs and information about the scoring rate involved, on
which bets could be placed, in both lawful and unlawful markets.
11.4. It is clear from the telephone schedules that you were in touch
with contacts in India and Dubai and were passing on information
relating to the Oval and Lord�s test matches in relation to gambling
activity there. I find that
this was all part of your corrupt activity because you were intent on
passing the same information about fixed events to different people so
they could place bets based on it in different markets- Dubai, India,
and as you thought, the Far East where the journalist said his punters
were involved. There is evidence of a telephone call, conducted in the
presence of the journalist where there was discussion of $1m changing
hands. You told the journalist that it would cost �50-80,000 to fix a
bracket, �400,000 to fix a 20/20 match result, anything between
�300,000-�450,000 to fix a one day international and �1m to fix a test
match. The fact that you could talk in these terms to someone who was,
as you thought, prepared to put up that sort of money, lends credence
to your knowledge or involvement in matters of that kind and your
confidence in your ability to do so for him. You were not seeking
simply to con him out of money but to start a long term corrupt
relationship with future exchanges of money for information given, in
the same way as you must have made arrangements with your Dubai and
Indian contacts. On your say-so, individuals in India were making
�40,000-�50,000 on each identified no ball. On three no balls
therefore the bookmakers stood to lose �150,000 on each bet by a
cheating punter.
12.
Your position as manager to half a dozen members of the Pakistan team
and your close friendship with Salman Butt, who became the captain on
July 16th 2010, meant that you and he together were in a position to
influence other players in the team as you did. Whereas the defendant
players present have already been the subject of an ICC arbitration
and have suffered bans which significantly affect their cricket
playing careers and their future earnings, which I will bear in mind
when I come to sentence them, you stand alone as a non player, who
decided, according to an email exchange with your brother in February
2010, to make as much money as you could from the game of cricket- by
corrupting those involved.
13.
I take into account everything said on your behalf and the character
references produced which speak well of you as a good family man and a
man who has made significant contributions to your local community.
14.
You were agent of the players and to that extent were trusted by them,
and obtained for them legitimate contracts of sponsorship as well as
being the source of illegitimate earnings for them. It was through
Salman Butt that your influence over them was largely gained and you
and he were the architects of the fixing of which the court has heard,
procuring the other two defendants to do what they did.
15.
I give you full credit for your plea, which the Prosecution accepts
was entered at the first effective opportunity.
16.
I have considered the guidelines for any analogous offences such as
fraud on insurers and the sums of money involved here. You, of the
four defendants, gained the most from these offences-it would appear,
well over �100,000, quite apart from the $1m referred to in the phone
call, which may or may not ever have materialised. Notional punters
stood to gain sums in excess of �150,000 from cheating when gambling
on 3 no balls and more in respect of a maiden over. It is hard to
assess the amounts of money of which persons might have been but were
not defrauded in the gambling industry, by virtue of information given
to the journalist and to say whether or not any money was made as a
result of the information given to the Indian and Dubai contacts, of
which there is no evidence. The extent of your gain remains unclear.
17.
There is no distinction to be made in respect of the two charges you
face and the sentences I impose will be concurrent sentences in
respect of each, limited to the period of the indictment, but bearing
in mind the fact that the journalist� sting was not an isolated event.
18.
If you had not pleaded guilty the sentence would have been 4 years on
the first count of conspiracy and the maximum of 2 years on the
gambling count, to run concurrently. In the light of your pleas, the
sentence on the conspiracy to make corrupt payments is 2 years and 8
months and on the gambling count 16 months, to run concurrently.
Salman Butt
19.
You have been convicted by the jury on two counts:
19.1. First- conspiracy to accept corrupt payments for identifying in
advance occasions when 3 no balls would be bowled in the Test match at
Lords on 26 and 27 August last year and procuring the bowling of those
no balls by your two fast bowlers, Amir and Asif
19.2. Secondly � conspiracy to do the same acts in order to enable
others to cheat at gambling.
19.3. I sentence you for matters covered by the narrowed indictment
alone, relating to the no balls in the Lord�s test match, but I cannot
ignore the fact that these were not isolated incidents.
20.
It is clear to me that you were the orchestrator of this activity, as
you had to be, as Captain, in arranging for these bowlers to be
bowling the overs which were identified in advance to Majeed and which
he identified to the NOTW journalist. You were a natural captain,
picked out as such from the age of 17 for national teams, and had the
advantage of a good education. You were a man of status. As I have
already said, you bear the major responsibility for the corrupt
activities, along with Majeed. The evidence of the text exchange
between you and Majeed in the West Indies in May 2010 shows your
involvement in such activities outside the scope of the period covered
by the indictment.
21.
I sentence you in respect of the no balls bowled at Lords alone but
bear in mind your prior agreement in respect of the maiden over at the
Oval, of which telephone evidence was heard, as well as the West
Indies exchanges.
22.
Because of your leadership status, your direct involvement with Majeed
and your key role in directing the corrupt activities, you are more
culpable than either of your two bowlers.
23.
I consider that you were responsible for involving Amir in the
corruption � an 18 year old from a poverty stricken village
background, very different to your own privileged one, who, whilst a
very talented bowler, would be inclined to do what his senior players
and particularly his captain told him, especially when told there was
money in it for him and this was part of the common culture. For an
impressionable youngster, not long in the team to stand out against
the blandishments of his captain would have been hard. It appears that
the corruption may have been more widespread than the defendants here
before me, and may have permeated the team in earlier days, though I
have seen no direct evidence of that. If that is the case, you, as
Captain, perpetuated such an atmosphere of corruption and would be
responsible for it and for the desire to use Majeed and his contacts
to make money for yourself and others in the team.
24.
In the words you used to the jury- what you did was a terrible thing-
it is bad for the game of cricket, bad for the country and shows the
character of the man involved. Not only were you involved but you
involved others and abused your position as captain and leader in
doing so, bringing to bear your considerable influence on Amir at the
very least.
25.
I have taken account of all the matters I referred to when sentencing
Majeed and the difficulties in assessing the amounts of money of which
persons might have been defrauded, as well as the gain to you from
what you did, which remains unclear.
26.
You do not have the advantage of a plea. You have been subjected to a
ban on playing cricket for 10 years, of which 5 are suspended. You
will be 31 or so, when the active part of that ban comes to an end and
you will have lost some of the best years of a batsman�s life as well
as the years of captaincy. Your playing career may well be at an end
for all practical purposes.
27.
I bear in mind all that has been said on your behalf and the domestic
circumstances outlined to me. You have been very good to your family
and you have now a second child, born the day before yesterday to your
wife in Pakistan. I have well in mind the financial support you have
given to your family and all the other matters raised in the letters
produced to the court.
28.
I take fully into account the ICC ban and the effect it has on you,
which in itself is a considerable punishment for a man in your
position. This enables me to take a more lenient course, than I
otherwise might. But for that ban, the sentence would have been of the
same order as that which I would have imposed on Majeed if he had not
pleaded guilty. You do not have the benefit of a plea but the effect
of the
ban on you is such that I can reduce the sentence I would otherwise
have imposed to 30 months imprisonment on the conspiracy corruptly to
accept money and 2 years on the gambling conspiracy, both to run
concurrently. .
Mohammed Asif.
29.
You have been convicted of the same 2 offences as your captain Salman
Butt. You do not have the benefit of a plea but your culpability is
less than his, both because of his key role as captain and
orchestrator along with Majeed and because your participation in this
conspiracy was limited to the bowling of one no ball.
30.
Whilst no marked NOTW money was found in your possession, the jury
have found that you conspired to accept money in the same way as your
captain. You bowled a no ball in order to obtain payment and in order
to assist others to cheat at gambling. If it was �10,000 for a no
ball, you would have got a share of that sum, allowing for a cut for
Salman Butt and Majeed. The sums of money of which others could have
been defrauded, for the reasons I have already given cannot be
accurately calculated.
31.
There is no evidence of any prior involvement on your part in such
activities but it is clear that Majeed had every confidence in you
playing your part when identifying the no ball that you would bowl on
the 26th August. It is hard to see how this could be an isolated
occurrence for you either.
32.
I sentence you in respect of your agreement to bowl that no ball,
again bearing in mind all the factors I have mentioned before in
sentencing today.
33.
I take account of all that is said on your behalf and in particular I
bear in mind the 7 year ICC ban imposed last year, of which 2 years
are suspended, and its effect on your career as a fast bowler now aged
28, which means that your cricketing career is effectively over. This
in itself is a considerable punishment for a man in your position.
This enables me to take a more lenient course, than I otherwise might.
That is the punishment imposed by the cricket authorities but these
crimes of which you have been convicted require that a sentence be
imposed which marks them for what they are and acts as a deterrent for
any future cricketers who may be tempted.
34.
In your case there will be concurrent sentences of 1 year�s
imprisonment on each count.
Mohammed Amir;
35.
You have pleaded guilty to the same two offences as those of which
Asif has been convicted. I give you full credit for that plea, which
the Prosecution accepts was entered at the first real opportunity.
Following the ICC arbitration in Doha, where you contested the
allegations, you made it clear to the cricket authorities that you
accepted your responsibility for what you had done, despite the
situation in which you found yourself where, it seems, activity such
as this was widespread. It took courage to do so, as appears from the
information I have been given about pressures you faced.
36.
You pleaded on a basis which I refused to accept- namely that your
only involvement in spot fixing was at Lords on 26th and 27th August
and that you only became involved as a result of pressure (not
amounting to physical threats) and influence to the effect that if you
did not become involved, it would have serious professional
implications for your future career.
37.
I therefore gave you the opportunity of a Newton hearing but you
decided not to give evidence of the pressure to which your basis of
plea referred. You have referred, in material presented to the court,
to threats to yourself and your family, saying that there are
significant limits to what you can say in public. The reality of those
threats and the strength of the underworld influences who control
unlawful betting abroad is shown by the supporting evidence in the
bundle of documents, including materials from the Anti Corruption and
Security Unit of the ICC.
38.
You agreed to bowl 2 no balls on the 26th August, of which you bowled
one, before the rain set in and then agreed that evening to bowl
another on 27th, which you duly did. They were the largest
infringements of the front foot rule seen by experienced test cricket
observers. The Umpire could not have missed them.
39.
I take into account all the factors I have already mentioned when
sentencing Asif and all that has been said on your behalf
40.
You come from a village background where life has been hard and you
struggled with serious back problems to reach the peak you did when
bowling for Pakistan. Compared with others, you were unsophisticated,
uneducated and impressionable. You were only 18 at the time and
readily leant on by others. I am clear that you bear less
responsibility than your captain who influenced you in the manner to
which I have earlier referred.
41.
But you agreed to do this for money and �1500 of NOTW marked money was
found in your possession.
42.
Moreover the fact remains, that there is evidence, in the shape of
texts and telephone calls with a Pakistani number of your involvement
in discussions about
fixing brackets at the Oval during the period of the indictment,
though there is no evidence that such fixing actually occurred. That
discussion did not relate to Majeed. The 2 no balls you actually
bowled cannot be seen in isolation from this prior discussion.
43.
I take account also of the 5 year ICC ban imposed last year, and its
effect on your career as a fast bowler now aged 19, which will create
problems for you in returning to play when the ban expires. That is
the punishment imposed by the cricket authorities but these crimes of
which you have been convicted require that a sentence be imposed which
marks them for what they are and acts as a deterrent for any future
cricketers who may be tempted, notwithstanding the mitigation which I
have heard.
44.
If you had not pleaded guilty you would have received concurrent
sentences of 9 months� detention in a Young Offenders� Institution on
each offence. As you did plead the sentence will be 6 months in each
case, to run concurrently.
45.
Each of you will serve half the time imposed in custody and then you
will be released on licence. If you breach your licence or commit any
other offence, you may be brought back to serve the remainder of your
sentence. Your counsel will explain the effect of this to you, if you
do not understand.
46.
I make no orders for compensation as I consider that the NOTW got what
it bargained for when paying the �150,000 in question.
47.
I order each of the defendants to make the following contributions
towards the costs of the Prosecution:
47.1. Amir �9,389 - payable forthwith as it is in the possession of
the police
47.2. Asif �8,120 -ditto
47.3. Butt �30,937 - ditto
47.4. Majeed �56,554 - payable within 6 months of today�s date.