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Home / Sport

Chris Cairns trial: 'Top players don't cheat, it's not cricket'

Jared Savage
By Jared Savage
Investigative Journalist·NZ Herald·
12 Nov, 2015 08:35 PM4 mins to read

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Chris Cairns leaves Southwark Crown Court. He denies the charges against him. Photo / Getty Images

Chris Cairns leaves Southwark Crown Court. He denies the charges against him. Photo / Getty Images

Honest cricket players walk when they know they're out, but Chris Cairns showed an "arrogance beyond belief" to take legal action when accused of match-fixing, a court has heard.

The 45-year-old took a "dishonest" libel case against Lalit Modi, which he won in 2012, but in the course of victory committed perjury and perverted the course of justice, said Crown prosecutor Sasha Wass QC.

She had already compared Cairns to disgraced cyclist Lance Armstrong, who maintained his innocence but was later stripped of seven Tour de France titles, for bringing shame on their sports.

In her closing speech to the jury at the Southwark Crown Court, Ms Wass said one of the top cricketers in the world had been sitting opposite them for the past six weeks.

Cricket was known for fair play, said the Queen's Counsel, but Cairns had made a "mockery" of the game by cheating and encouraging others to cheat.

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"The top players don't cheat, it's not cricket. He has made a mockery of the game of cricket, disrespected fans worldwide and disrespected the game."

The prosecutor said the legal fraternity also prided itself by playing by the rules and Andrew Fitch-Holland, jointly charged with perverting the course of justice, had also disrespected his profession.

His explanation of a Skype call with Lou Vincent, in which he tries to persuade the cricketer to support Cairns libel case, was an "insult to your intelligence," Ms Wass said.

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Fitch-Holland made three "blunders" which showed he knew Cairns was involved in match-fixing and therefore he was asking Vincent to provide a false statement, said the prosecutor.

When Modi tweeted that Cairns was removed from the Indian Premier League auction for his "past record" of fixing, Fitch-Holland quoted Cairns as saying" "Modi's f***ed me, I'm gone, I'm done."

Those were not the words of an innocent man unfairly wronged, said Mr Wass, but one who believed the "I've been caught".

The second "blunder", according to the Crown, was Fitch-Holland asking Cairns if there was a "smoking gun" such as a recording of him receiving money.

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That was not questioning whether Cairns was guilty, said Ms Wass, but if anyone could prove it.

Thirdly, Fitch-Holland warned Cairns about two other libel cases including Lord Jeffrey Archer who was found guilty of perjury during the libel hearing and served two years in prison.

"Why would he warn Chris Cairns, unless he knew the allegations by Mr Modi ... were correct?"

Ms Wass said the "wall of evidence" of match-fixing was overwhelming.

This included "bricks" of direct evidence from witnesses such as Lou Vincent, Brendon McCullum and Ellie Riley, but also indirect evidence who corroborated key parts of their accounts.

These witnesses - Leanne McGoldrick, Daniel Vettori, Kyle Mills, Steve Pearson, Phil Hayes and Ricky Ponting - provided "unanswerable" evidence that the others were not making false allegations, said Ms Wass.

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The Crown prosecutor said Adams told the jury about a conversation where Cairns was "openly boasting" that nobody would be able to prove match-fixing in the unsanctioned Indian Cricket League.

Ellie Riley also said Cairns was "very confident" of not being caught and Lou Vincent told her that Cairns was dismissed from the ICL for match-fixing, although the public reason given was an undisclosed ankle injury, said Ms Wass.

Lou Vincent gave evidence in the perjury trial of Chris Cairns. Photo / Chris Gorman
Lou Vincent gave evidence in the perjury trial of Chris Cairns. Photo / Chris Gorman

This matched up with the evidence of Andrew Hall, another player at the Chandigarh Lions, who said Cairns told him he was sacked for match-fixing allegations but not to believe the rumours.

Another player Dinesh Mongia, whom Lou Vincent alleged was involved in match-fixing, was also dismissed the same night in October 2008.

Cairns was also on a list of 11 "tainted" ICL players thought to be involved in unethical conduct, with his name beside the words "arranged match-fixing".

The Crown prosecutor also pointed to payments of $US250,000 from a diamond trader - with no contract - and Cairns had large sums of cash, once repaying 9000 pounds to Daniel Vettori in 20 pound notes.

When Ms Wass questioned Cairns about the Vettori payment, he said he was often paid large amounts of cash for appearing at functions or speaking engagements.

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He admitted he did not bank the money in order to avoid paying tax.

"We suggest it was dirty money, criminal money. Chris Cairns says it was legitimate but 'I was fiddling my tax',"said Ms Wass.

"Either way, it doesn't show him in attractive light."

She said the evidence against Cairns was "overwhelming."

"We suggest both the defendants should be ashamed of themselves, and both are guilty of the both counts in the indictment".

The Queen's Counsel representing Cairns and Fitch-Holland will present their final arguments to the jury next week.

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