After nine weeks and evidence from more than 30 witnesses including some of the leading names in cricket, the perjury trial of the former New Zealand all-rounder Chris Cairns ended with the 45-year-old being acquitted of all charges.
Cairns and his co-defendant, the barrister Andrew Fitch-Holland, who was also cleared, have spent much of the nine weeks sitting next to each other in the dock in court one of the unsightly Southwark crown court building on the South Bank in London.
It was a far cry from Cairns’s glittering career during which he played 62 Tests before retiring from the international stage in 2006.
It was his stint playing for the Chandigarh Lions in the defunct Indian Cricket League in 2008 that began the events that led to this trial.
Cairns was charged with perjury and perverting the course of justice after he successfully sued Lalit Modi for libel in the high court in 2012 after the former Indian cricket chief had sent a tweet in 2010 that implicated Cairns in match-fixing. During the libel case that resulted in a £1.4m settlement, Cairns, under oath, said he had “never ever cheated at cricket and nor would he ever contemplate doing so”.
Following lengthy anti-corruption investigations including confessions by the former New Zealand batsman Lou Vincent a number of players reportedly gave evidence that Cairns was involved in fixing. Following those investigations the evidence collected was presented to the Metropolitan police who then conducted their own investigations relating to Cairns. They passed the evidence on to the Crown Prosecution Service which concluded there was enough evidence to bring the case to trial. Cairns and Fitch-Holland were charged in September 2014.
The case for the prosecution was based around trying to prove that Cairns, described in court as a cricketing legend and role model, had been involved in match-fixing and had therefore lied under oath. They failed – the reliability of evidence from the key witnesses was questioned by the presiding judge, Lord Justice Sweeney. As the trial unfolded the defence highlighted contradictions in evidence of statements, and the International Cricket Counsel’s corruption unit was criticised for procedural failures.
Given the evidence for the crown was based largely on players coming forward, the acquittals raise serious concerns for the sport’s attempts to combat fixing.
The case for the crown was based on the direct evidence from three key witnesses – Vincent, his former wife Eleanor Riley and the current New Zealand captain, Brendon McCullum. This was backed up by the indirect evidence of another 23 people including Ricky Ponting, Daniel Vettori, Shane Bond and Chris Harris. Direct evidence refers to specific conversations the witness had with Cairns about fixing, the indirect evidence refers to conversations between other witnesses about Cairns and match-fixing. For example, Vettori told the court McCullum had claimed to him that he had been approached by Cairns to fix but Vettori did not have any direct conversations with Cairns himself.
During her summing up, the prosecuting barrister Sasha Wass QC described their case as a wall of evidence made up of the building blocks of each of the witnesses that would show beyond reasonable doubt Cairns was involved in match-fixing. Although clear and meticulous, the prosecution case had lacked a smoking gun that proved Cairns was involved in match-fixing. Their case hinged on who said what to whom at what time and lacked any evidence of large amounts of money going to Cairns.
In his summing up Sweeney gave clear instructions to the jury that in order to find Cairns guilty not only must they believe at least two of those three key witnesses but they must show caution when considering the evidence of the proven fixer Vincent, and that the relevant evidence from Riley related to an evening out during which she had had a lot to drink.
Vincent, who is banned for life from cricket following his admission he was involved in fixing matches in English domestic cricket and in the Champions League T20 in 2008 and 2011, was central to the prosecution’s case.
In evidence that lasted for almost three days he told the court he had been involved in match-fixing during the Indian Cricket League but claimed he was acting under orders from his captain – Cairns.
Vincent, 36, said his former leader and “role model” Cairns convinced him to take part in fixing while they were playing for the Chandigarh Lions in 2008. “I was under direct orders from Chris Cairns to get involved in fixing,” he said.
He went on to tell the court he had a “meltdown” when dropped by New Zealand in 2007. He began to suffer from depression and other mental health issues, and began taking cannabis. He said that during the ICL in 2008 he had turned down an offer of cash and a prostitute from an Indian man to get involved in fixing, although later he admitted to sleeping with the prostitute. He said he had told Cairns about this incident, who then recruited him to fix for him. “You work for me now,” Vincent alleged Cairns had said to him.
During his defence, Cairns strongly denied that conversation had happened or that he had ever recruited Vincent to fix matches. Vincent gave details of four matches in the ICL he alleged were fixed, including one match between Chandigarh Lions and Mumbai Champs which was described as a farce because some players on both sides looked as though they were trying to lose but which Chandigarh went on to win. Harris told the court he had watched this match on television and had been struck by a number of strange incidents, including Cairns not looking pleased at the fact his team had won.
The jury were also told by Vincent he had messed up on one of the pre-arranged fixes and Cairns had been so livid he had threatened him with a cricket bat, something Cairns vehemently denied during his defence.
At times, Vincent stumbled his way through his evidence, becoming confused and often using the phrase “I can’t recall”. At one point he became so distressed the judge had to call a halt to proceedings for the day. His wife and daughter sat in the public gallery throughout his evidence. At times they dissolved into tears as he was subjected to fierce cross-examination and accused of lying and offering up Cairns as a big scalp to the ICC’s anti-corruption and security unit to save his skin.
Although clearly under strain from being on trial and separated from his family for more than two months, Cairns had looked calm and relaxed for the most part, often chatting amiably with journalists during breaks in proceedings. At the verdict Cairns looked understandably relieved and had a pat on the back for Fitch-Holland, who was close to tears.
Sweeney’s summing up lasted two and half days, during which he told the jury that, as well as the evidence from Vincent, the crown’s case also relied on Riley because of the evidence she had given of a recounted drunken conversation on June 25, 2008 in a bar in Manchester where she expressed concerns to Cairns about her husband’s involvement in match-fixing.
She said Cairns told her “everyone did it in India and they would not get caught”. Both Chris and Mel Cairns, his wife, said that no such conversation took place. They also alleged Riley was drunk and involved in an ugly argument in the women’s toilets.
The third key witness for the prosecution, McCullum, had appeared in person to give evidence just before flying to Australia to lead New Zealand in the Test series. He set out details of two occasions when Cairns talked to him about match-fixing – the first in Kolkata in 2008 and the second in a cafe in Worcester later that year when New Zealand were touring England.
While articulate and clear under strong cross-examination by the defence barrister Orlando Pownall QC, McCullum admitted he was wrong not to report the conversations and he did not know why it had taken him so long to do so – he did not tell anyone in authority about these approaches until 2011 – even though he was fully aware of his responsibilities to do so.
Later in the trial the defence highlighted the inconsistencies in the three statements McCullum had made to anti-corruption and police officers and the judge pointed these out during his directions to the jury.
The court heard details about the investigations undertaken by the ACSU and the Met, hearing from a number of officials including Sir Ronnie Flanagan, the head of the ICC’s anti-corruption unit, who rejected claims by the defence that corners had been cut with the aim of getting the “prime scalp” of Cairns.
Cairns and Fitch-Holland have had legal representation using legal aid and the cost of this case to the public purse will run well into a seven figures.
The not guilty verdict is a blow to the CPS and the ICC’s anti-corruption unit and will surely raise questions about how their investigation was undertaken.
Given the rough ride some of the witnesses were given about their changing statements to the ICC, there will also be questions about whether other cricketers will now be willing to come forward and give evidence about approaches.
