By Dana Johannsen of RNZ
The alleged ringleader of an A-League spot-fixing scheme “exploited” former All White Clayton Lewis’ gambling addiction to reel him into the operation, a Sydney court has heard.
The Kiwi footballer on Wednesday appeared before the Local Court of New South Wales for sentencing on a corruption charge, alongside his co-accused and former Macarthur FC teammate Kearyn Baccus.
The charges stem from the pair’s involvement in a yellow-card manipulation scheme, in which they were each paid A$10,000 (NZ$11,165) to deliberately obtain a yellow card in a match against Sydney FC in December 2023.
More than 18 months on, Wednesday’s sentencing hearing provided the first real insight of the motivation behind those actions.
Police alleged Lewis and Baccus were operating under the direction of the team’s former captain Ulises Davila, who acted as the “point man” for a South American crime syndicate to facilitate illegal gambling on A-League matches.
“He was the captain of the team, and he was the captain of the scheme,” Baccus’ lawyer, Bryan Wrench, told the court.
Davila, who faces up to nine charges related to betting corruption and participating in a criminal group, is yet to enter a plea.
The court heard Lewis was in the grips of gambling addiction when he was approached by Davila about taking part.
Lewis’ legal representatives, Zemarai Khatiz and Gabrielle Bashir, submitted to the court the Kiwi footballer’s moral culpability was at the lower end, as the 28 year-old was “targeted and exploited” because he was a known gambling addict.
Bashir added there was a clear power imbalance between Davila, his former captain, and Lewis.
“Not only was he targeted, he was asked to do it by someone who was in a position of power and influence over him,” she said.
The court heard Lewis had since been diagnosed with a gambling addiction and was undergoing treatment.
Bashir asked the magistrate to consider a community release order of two years, and that a conviction not be entered on Lewis’ record.
She submitted Lewis had already suffered significant punishment, having most likely lost any future ability to earn a living from football, revealing Football Australia had issued her client with a “show cause” notice seeking a lifetime ban from the sport.
Lewis’ actions had also resulted in the loss of his professional reputation and standing in the football community, Bashir said.
“He carries the scorn of the nation. It will indelibly follow him for the rest of his life.”
The court also heard Lewis had suffered from serious mental health impacts following his arrest in May last year.
Bashir said her client had been diagnosed with depression and PTSD as a result of his arrest, when “police in tactical gear stormed his apartment while he and his partner slept”.
“Not only was that apartment stormed, the footage of that went all around the world of him being cuffed, pushed against a wall and searched.”
Lewis’ pleas for leniency from the court were supported by letters from representatives of New Zealand Football and the Wellington Phoenix, who spoke of the Kiwi star’s work ethic, reliability and humility.
“This was an isolated lapse, representing very human frailty,” Bashir said.
Baccus’ lawyer also submitted that his client’s involvement in the spot-fixing scheme, considered one of the biggest sports corruption scandals in Australia, was a one-off.
Wrench told the court that after the Sydney FC game in December 2023, Baccus was approached by Davila and asked to participate again. Baccus declined.
“It was voluntary cessation, he didn’t want to be part of it.”
Wrench said Baccus’ offending was limited to five seconds of a career that spanned 20 years.
“Now it is gone in an instant. He will not play again.”
The Crown was seeking a community correction order for both Lewis and Baccus, and asked the magistrate to consider “what message it would send to the football community” if convictions for the offending were not entered.
After hearing the lengthy submissions, magistrate Michael Blair adjourned the hearing until next Wednesday, when he was expected to hand down his sentence.
– RNZ