Justice Cooke resumed his summing-up of the alleged
spot-fixing trial and issued the jury an advisory for the time when they
start considering the case of banned Pakistan cricketer Mohammad Asif
in relation to his excuse for bowling a no-ball.
Salman Butt, another banned Pakistan player, and Asif are facing
charges of conspiracy to cheat and conspiracy to obtain and accept
corrupt payments following the Lord’s Test in August last year, when
they allegedly conspired with agent Mazhar Majeed, banned fast-bowler
Mohammad Amir and other people unknown to bowl pre-planned no-balls.
Butt and Asif deny the charges.
The jury can only give a verdict on events directly related to the no-balls.
The judge made his comment on the 16th day of the case before
starting the full review of evidence that the court heard during the
course of the trial. Cooke reminded the jury that Asif, in an initial
police interview while he was under caution but not arrest, did not
volunteer evidence that he gave under oath during proceedings at the
Southwark Crown Court.
Asif had told the court that Butt had sworn at him before he bowled
the no-ball. His lawyer also pointed out the pressure Butt put on Asif,
which according to the then fast-bowler, caused him to overstep and
deliver the no-ball. Asif also argued that police had not asked him for
an excuse for the no-ball.
However, the judge explained to the jury on how the defendants were
made aware that, “it may harm your defence if you do not mention
something you later rely on in court…”. The jury was also told to
consider if it was reasonable for Asif not to have mentioned the excuse
earlier.
Published in The Express Tribune, October 27th, 2011.
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