ICC to hear spot-fixing case Jan 6-11

The International Cricket Council (ICC) on Wednesday said the full hearing into the spot-fixing allegations against Pakistani cricketers ? Salman Butt, Mohammad Amir and Mohammad Asif will take place on Jan 6-11 here.

Chairman of the independent Anti-Corruption Tribunal, Michael Beloff, QC, on Wednesday announced the dates at the Qatar Financial Centre Civil and Commercial Court, QFC Tower 2.

In the media briefing, he explained the procedures that will be adopted at the full hearing (scheduled to take place from 6 ? 11 January) to adjudicate upon the alleged breaches of the ICC?s Anti-Corruption Code for Players and Player Support Personnel by three Pakistan players ? Salman Butt, Mohammad Amir and Mohammad Asif.

?Following an investigation by the ICC Anti-Corruption and Safety Unit (ACSU) and the publication of an article in the News of the World newspaper on 29 August 2010, the International Cricket Council charged three Pakistan cricketers ?Salman Butt, Mohammad Amir and Mohammad Asif ? with various offences under Article 2 of the code,? Beloff said.

?In accordance with the provisions of the code, they were provisionally suspended with immediate effect, preventing them from participating in all cricket and related activities until the case has been concluded.

?Salman Butt and Mohammad Amir exercised their right to challenge the imposition of the provisional suspension and, therefore, a two-day hearing was held in Dubai on 30 and 31 October 2011. That challenge was rejected,? he said.

Beloff further said: ?Subsequently, in accordance with the Anti-Corruption Code, a three-member independent Anti-Corruption Tribunal has been appointed to determine the charges at the full hearing. That tribunal comprises Justice Albie Sachs, Mr Sharad Rao and myself as chairman.

?Justice Albie Sachs is the South Africa representative on the ICC Code of Conduct Commission. He was a member of the Constitutional Court of South Africa appointed by President Nelson Mandela.?

?Mr Sharad Rao is the Kenyan representative on the commission. He has been a member of the Court of Arbitration for Sport since its inception. He is a former Director of Public Prosecutions of Kenya and has served as acting Attorney General in that country. He is currently Honorary Legal Advisor to the Commonwealth Games Federation.?

?I have practiced as Queens Counsel for three decades, and am in my third term as Chairman of the Commission. I have been a four times Olympic Arbitrator for the Court of Arbitration for Sport and am a founder member of the newly-constituted Formula One International Appeal Tribunal.?

?The parties have helpfully exchanged detailed submissions in advance of the hearing to seek to identify the issues that are in dispute in these proceedings. The procedure for the hearing, it 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,? said Beloff.

The following is a summary of the procedure that will be adopted during the next six days:

1. The hearing is scheduled to start on 6 January 2011 and continue from day to day thereafter until concluded, on or before 11 January 2011.

2. Unless otherwise ordered, each day?s proceedings will commence at 9.30 a.m. and conclude at 5.30 p.m.

3. The hearing will begin with the ICC making an opening statement, presenting its case against each of the three players. The players will each then be entitled to respond, in turn.

4. 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.

5. 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.

6. The players will then, in turn, present their defence. In so doing, 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.

7. Thereafter, each party shall be entitled to make a closing statement on the issue of whether the charges should be upheld.

8. The Tribunal will then retire to deliberate in private on the issue of whether the charges against any of the players should be upheld. If time allows, it will then return to advise the parties verbally of its ruling. If not, it will reserve judgment.

9. If the Tribunal is able to give judgment on whether any of the charges against the players have been upheld prior to the end of the day on 11 January 2011, and in that judgment it 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.

10. 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.

11. 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.

Beloff said: ?The full hearing will commence tomorrow (Thursday, 6 January) at the Qatar Financial Centre Judiciary in Doha, Qatar from 09h30 onwards and will follow the procedure I have just outlined.?

?As you will appreciate, this matter is effectively sub-judice. In such circumstances it is inappropriate that any member of the Tribunal comment further, and for that reason there will be no questions,? he said.

On 2 September 2010, the ICC charged the players in question with various offences under Article 2 of the ICC Anti-Corruption Code for Players and Player Support Personnel relating to alleged irregular behaviour during, and in relation to, the fourth Test between England and Pakistan at Lord?s.

The three players were officially notified of the alleged offences and were provisionally suspended pending a decision on those charges. In accordance with the provisions of the code, this meant they were immediately barred from participating in all cricket and related activities until the case had been concluded.

On 31 October 2010, Beloff, QC, after a two-day hearing in Dubai, rejected appeals by Salman Butt and Mohammad Amir against the imposition of the provisional suspension against them.

On 12 November 2010, the ICC Code of Commissioner Beloff, QC, formally constituted the Anti-Corruption Tribunal to determine the matter, with himself as the chairman and two other Code of Conduct Commissioners, Justice Albie Sachs from South Africa and Sharad Rao from Kenya, also sitting.

On 22 December 2010, Beloff, QC, heard an application from Salman Butt?s new legal representation for an adjournment of the full hearing. Following a lengthy telephone hearing and having received written submissions from all parties, Butt?s application was rejected.