By Barrister Amjad Malik
News of the world’s second addendum to their revelations on Sunday 5 September 2010 on spot fixing involving Pakistani Cricket players have posed many unanswered questions on the whole for Pakistan. My initial view on the development on 31 August was that, a) in principle all criminal and ICC investigations must be cooperated by Govt, PCB and players. b) Players must be provided full legal support and if they feel they are innocent, they must take action as a group privately where state is not a party against the NOTW (News of the World) for defamation in the higher courts in London, C). In all Scotland Yard enquiries, they must be given the benefit of the presumption that they are innocent until proven guilty by a court of law. D) In the interest of curtailing damage to the country’s repute and the game, those named players in the report must be replaced with the fresh faces, so that the future games and results are devoid of any doubts of any match fixing. E) If the players are cleared of any wrong doing only then, they must be allowed to join the national team after going through a vetting process by a committee of PCB. F) Policy in relation to flag carriers must be strict, needs to be explained to the players who represent the state and there must be no compromise and leniency with those who flout the law, rules and regulation and honour of the country for money. But it does not happen what one thinks. Pakistani envoy’s uncalled for and unnecessary statement claiming that the players are innocent and are set up hiding behind the conspiracy theory showed a red rag to the bull, and ICC came to rescue and suspended the named players subject to criminal probe clearly indicating that they do not share the same view about the scandal. Since players have been questioned for hours by Scotland Yard at a local police station under caution.
I would have welcomed myself if Pakistani envoy had kept his distance from the player on his govt’s behalf on the subject whilst providing maximum legal aide to the players to defend themselves. Pakistan Cricket Board (PCB) should have maintained that line too and had they opted out for suspension themselves whilst the investigation was on going, it would have given a good signal and some strength to their monitoring and disciplinary regime. But the mindset on corruption in Pakistan is totally different than in UK. In UK a minister would resign if an allegation surfaces against him raising serious questions of character, proportionality and corrupt practices, however, it is 180 degree opposite in Pakistan. You are not a politician if devoid of questions on your character and conduct. From the Chief Patron of the PCB to those in charge of settling law, and ordering probes are all tainted with many unanswered questions of sleaze, corruption, money laundering and unlawful practices, hence they tried to deal with ‘Match Fixing saga’ in a Pakistani style, which is to wait and let it die with the passage of time. Pakistan’s effort to hide behind conspiracy theory and specific failure of the envoy to understand the seriousness of the situation whilst Scotland yard is finalising the charge sheet is a joke with the justice and this pre mature unilateral defence may cost Pakistan their seat from ICC as its failure to understand the tenacity of those allegations and the quality of ‘entrapped material’ in public interest poses serious questions of possible corruption and match fixing which warrants a case to answer for the alleged players.
The story is yet confined to the spot fixing, had the News of the World resorted to the newly purchased properties by the Pakistani Ministers in the Hyde park corner, the shift would have added fuel to the fire as many a million displaced flood victims are on the streets without shelter, food, water, sanitation and vaccination whilst their politicians are busy in merry making affairs in England at a time when Pakistan is seeking aid. In this turmoil there is a big noise demanding the slashed looted money to be brought back in the country. There is credible news of a renowned politician’s son losing thousands of pounds in one night at a local Victoria casino in London which is not news to known circles but a shame for the elite.
I am strictly in favour of Pakistan coming out of shock, and form a strategy of how to digest and handle this whole affair. Players if are guilty must face the music & wrath of the ICC and public to clean the team and the repute of the good game of cricket. That guilt must be proved beyond a reasonable doubt with an opportunity of defence. However, PCB must come up to the task of regulating, monitoring and discipline the sport at their end, and take concrete steps to ensure that ‘corruption’ will not be tolerated at any cost. So far the mind set indicates that Players, Board and the Govt are playing victim and are in one line which is a dangerous trend and the message to the Cricketing world and it may cost Pakistan its seat in ICC for years as it will indicate that Pakistan in the interim is not interested to punish those who bring disrepute to the game, and favours status quo on the subject. Finally the Govt. must take steps to bring the board to accountability as it bitterly failed throughout this affair. PCB is nowhere seen in this whole saga. There is no strategy, no line of action, no defence and still PCB and Pak envoy are crying wolf. PCB’s failure is enough to bring changes from top to bottom. Govt must contemplate an official enquiry post UK’s criminal investigations under a Supreme Court judge to probe and oversee the whole affair. The enquiry tribunal must pin point failures to adhere corruption calls, fixing responsibility on officials, adjudicating against players who are allegedly involved, and put forward suggestions to reform policy & law and directives to eradicate corruption from this great game of cricket. Little late, then we must be ready to be away from this great game for a considerable time as so far we witnessed a way Wired, scattered, and impractical Strategy of Pakistan on Match Fixing scandal which is causing national embarrassment. I think the time is up to call spade a spade.
Barrister Amjad Malik is a Chair of the Association of Pakistani Lawyers (UK)
05 September 2010
