Spot-fixing case: Beloff outlines tribunal’s hearing procedure against tainted trio

DUBAI - Anti-Corruption Tribunal Chairman Michael Beloff, QC, has outlined the procedure that would be adopted at the full hearing of the spot fixing case, scheduled to take place from 6 to 11 January, to adjudicate upon the ‘alleged breaches of the ICC Anti-Corruption Code for Players and Player Support Personnel’ by three Pakistan players- Salman Butt, Mohammad Amir and Mohammad Asif.

On 2 September 2010, the ICC had charged the trio with various offences under Article 2 of the mentioned code relating to “alleged irregular behaviour during, and in relation to, the fourth Test between England and Pakistan at Lord’s.”

“The procedure for the hearing has been agreed by all parties and approved by me. It is designed to ensure that all parties can be satisfied that they have been given a full and fair opportunity to present their evidence and advance their submissions,” an ICC media release quoted Beloff, as saying.

Giving the summary of the procedure, Beloff said that the hearing would begin with the ICC making an opening statement, presenting its case against each of the three players, and then the “players will each then be entitled to respond, in turn.”

“Thereafter, the ICC will present all of the evidence that it has prepared in support of the charges it has brought. That will take various forms and will include hearing from witnesses ‘in person’ and over the telephone,” he said.

“To the extent that any witness evidence is disputed by the players, they are each entitled to challenge (by cross-examination) any part of that witness evidence. Members of the tribunal will also be able to ask questions of any witness,” he added.

Beloff said that the players would then, in turn, present their defence, during which “they will be required to give ‘in-person’ evidence before the tribunal and will be subject to cross-examination by counsel for the other players (if required) and then by the ICC.”

“Again, members of the tribunal will be able to ask questions of any witnesses provided by the players in support of their defence, including the players themselves,” he added.

Thereafter, each party shall be entitled to make a closing statement on the issue of whether the charges should be upheld, said Beloff, adding that the tribunal will then retire to “deliberate in private” whether the charges against any of the players should be upheld.

He said that if the tribunal is able to give judgment prior to the end of the day on January 11, and upholds any charges against any player, “if time allows and the tribunal concurs, the player(s) in question and the ICC will then address the tribunal on the issue of the sanction(s) (if any) that should be imposed, and any costs order that should be made.”

“The members of the tribunal will then retire to deliberate in private on the issue of sanctions and costs. If time allows, it will then return to advise the parties verbally of any ruling on sanctions and costs. If not, it will reserve judgment,” the ICC release quoted Beloff, as saying.

“If the tribunal advises the parties of its decision on whether any of the charges against the players have been upheld and/or on sanctions and costs before the end of the hearing, then the ICC will publicly announce that decision, in the form directed by the tribunal,” he added. (ANI)