ECB fears Kaneria might go free

ECB fears Kaneria might go free...and so they are willing to incentivize the convicted and serving punishment Westerfield...so the the real threat to system Kaneria doesn't escape.

Even if Westerfiedl does appear and says what ECB wants him to say.....the evidence against Kaneria might still not be suficient legally one fears.

http://www.dailymail.co.uk/sport/cricket/article-2297240/ECB-olive-branch-Mervyn-Westfield-bid-nail-Danish-Kaneria.html


Please help us to nail Kaneria! ECB olive branch to banned bowler Mervyn


By Paul Newman

PUBLISHED:23:41 GMT, 21 March 2013| UPDATED: 10:16 GMT, 29 March 2013


English cricket is prepared to 'reintegrate' Mervyn Westfield if he makes one last stand against the man who led him into the murky world of corruption.

The ECB are desperate for Westfield, the first Englishman to be sent to prison for spot-fixing, to give evidence against Danish Kaneria when the Pakistani’s appeal against a life ban from all cricket is heard in London next month.

Yet so far a disillusioned Westfield, who was banned from all cricket for five years as well as being jailed for four months for accepting or obtaining a corrupt payment, has refused to appear to repeat the evidence he gave at the Old Bailey that led to Kaneria being branded the ‘corrupter’ by a judge.

The ECB are worried that Kaneria, who was called a liar and ‘a grave danger to cricket’ when he was banned by an independent disciplinary panel, might be successful in his appeal if Westfield does not repeat what he said in court. His original evidence is not admissible at the appeal hearing.

That would be considered a disaster for world cricket because not only would the man who introduced the ‘vulnerable and naive’ Westfield to illegal bookmakers get off scot-free but the ECB might face a claim for substantial damages from Kaneria.

What is more pertinent for Westfield, the former Essex fast bowler, is that his name would then be further tarnished, making any attempt to get back into cricket even harder.


Life ban: But Danish Kaneria is appealing

Influential people in the game now want to work with Westfield and try to make sure cricket offers the same ‘reintegration’ processes that Giles Clarke, the ECB chairman, talked of when the Kevin Pietersen crisis was resolved last autumn.

There is a feeling in high office that Westfield’s ban from an independent panel appointed by the ECB and chaired by Gerard Elias QC was extremely harsh, particularly the part of it which stops him playing club cricket for another two years.


If Westfield co-operates and gives evidence at the appeal on April 22, there would be a surge of goodwill towards him and the chance that any attempt to reduce his ban would be looked on sympathetically.

There are some influential people in cricket who would also like to see Westfield working with the ECB, talking to young cricketers and trying to ensure they do not make the mistakes he did.

Sportsmail understands that Westfield, who accepted his punishment without complaint, has no desire to play first-class cricket again but he would like to play for his club, Wanstead, in the Essex League. He has been a member there since he was eight. Wanstead are one of the biggest and best clubs in the county and they are known to want to support Westfield and have been working behind the scenes to aid his rehabilitation as much as they can.

He is still in regular contact with the club, despite not being allowed to play for them, and they consider him one of their own whom they will not turn their back on.

Westfield, 24, has been rebuilding his life since being released from prison and is believed to be in work and quietly putting behind him the grave mistakes that cost him his career in cricket and his freedom.

He had been found guilty of accepting £6,000 to attempt to concede 12 runs in a certain over he bowled for Essex in their televised limited-overs match against Durham in 2009. Westfield told the court that Kaneria, Essex’s overseas player at the time, set up the deal, ‘grooming’ him before introducing him to a bookmaker called Anu Bhatt in Chelmsford.

Kaneria, 32, was arrested by Essex police along with Westfield but they did not have enough evidence to charge the former Pakistan leg-spinner.

However, both the judge in Westfield’s court case and the disciplinary panel had no doubt who the real villain of the piece was.

The ECB believe it was very brave of Westfield to give evidence in court naming Kaneria and there is a lot of understanding about his reluctance to go through it all again now. But they consider it absolutely necessary and hope he will have a change of mind.

They even have the option of seeking a court order to ensure that Westfield, who did not turn up for the preliminary appeal hearing in December, attends this time but that is believed to be being considered only as a last resort.

The game is holding its breath before seeing whether Westfield will put his grievances against the governing body to one side to ensure that justice is done one last time.

The health of the game and his own reputation and future would be all the better if he does

How the hell did he manage to concede 12 runs without the batsman being in on it?

Meanwhile umpire Nadeem Ghauri is banned by the PCB for 4 years, along side another domestic umpire for corrupt practices which were exposed by India TV last year.

http://www.espncricinfo.com/ci/content/current/story/629757.html

Going back to the opening post and the attached Daily Mail article, this has the makings of a legal mess.

Updates:
Westfield mus be feeling like a King
and ECB has a history of relying on the one they punished / banned to save their back

http://www.espncricinfo.com/county-cricket-2013/content/current/story/630703.html




Westfield set for ECB meeting

George Dobell

April 17, 2013

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The ECB want Mervyn Westfield to appear at Danish Kaneria's appeal Getty Images




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Related Links

News : Westfield faces Kaneria appeal summons

News : ECB could face Kaneria damages claim

News : Kaneria appeal set for April

News : Kaneria's ban appeal adjourned


Players/Officials: Danish Kaneria | Mervyn Westfield

Teams: England | Pakistan



Mervyn Westfield, the former Essex bowler, is to hold a meeting with the ECB on Thursday afternoon as attempts continue to persuade him to give evidence at Danish Kaneria's appeal hearing.

Westfield, whose evidence was crucial in the original hearing that found Kaneria guilty of corruption, has had no contact with the ECB for many months and has so far resisted all attempts to persuade him to appear at the appeal. While the ECB were successful in gaining a summons from the High Court compelling Westfield to attend the appeal hearing on April 22, doubts remain as to whether the court has any jurisdiction in this case.

Westfield remains angry with the ECB and the PCA. He feels that the harshness of his penalty - he spent two months in prison and was banned from the first-class game for five years and the recreational game for three - does not reflect that he cooperated with the investigating authorities, pleaded guilty and gave evidence against Kaneria.

The fact that he has agreed to meet the ECB suggests a deal could be imminent, however. Westfield is understood to desire a return to club cricket - he remains connected with Wanstead Cricket Club in the Essex League - and he could be offered a chance to partially revive his career if he cooperates. Westfield would be expected to earn several hundred pounds a week as a club professional.

Kaneria, the Pakistan legspinner, was banned from the game for life and charged £100,000 in costs by an ECB panel in June 2012 for his part in the spot-fixing case involving Westfield.

Kaneria had been found guilty of inducing his former Essex team-mate to underperform in a limited-overs game in 2009 and of bringing the game into disrepute. Westfield, who was jailed for his role in the case, gave evidence against Kaneria at the hearing.

As all boards under the governance of the ICC have an agreement to mirror bans imposed in such circumstances, Kaneria's ban has been effective worldwide.

Kaneria's appeal hearing was originally scheduled for December but, after the ECB was unable to gain Westfield's cooperation, it was postponed until April. Without Westfield's evidence, the ECB's case against Kaneria is severely compromised. Kaneria's lawyers are looking not just for his ban to be overturned - at 32, he harbours hopes of a reviving his international career - but they are also claiming "very substantial damages" from the ECB.

Kaneria returned to the UK on Wednesday. His lawyers remain adamant that, without Westfield's evidence, the ECB "has no case".

full statement made by Westfield under court.....
reminds me of the quote...." You can lead a horse to water........"

Kaneria and his lawyers must be giving themselves high fives at the statement of ECB's star witness

http://www.espncricinfo.com/england/content/story/631578.html


'I have no desire to participate' - Westfield



April 22, 2013

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This is the full statement made by Mervyn Westfield, the former Essex bowler, after he reluctantly agreed to testify in an ECB hearing called to consider Danish Kaneria's appeal against his match-fixing ban

The following statement I ask my barrister Yasin Patel to make on my behalf.

I, Mervyn Westfield, in February 2012, pleaded guilty at the Central Criminal Court and was soon after, sentenced to four months imprisonment. It is in relation to the facts of those proceedings that I have been forced to attend here today.

The Hearing taking place today is in relation to an appeal brought by Danesh Kaneria against the English Cricket Board to overturn the ban imposed by them.

My presence here today is the third time that my help and assistance has been sought in order to assist the English Cricket Board. I have made it abundantly clear to the ECB that I have no desire to participate in this hearing or to provide any further evidence to that which I had previously done in June 2012.

The ECB have this time decided to take the hostile route in seeking the help of a High Court Judge who has signed a court summons in order to secure my attendance. As I understand, by not attending today, the ECB would return to the High Court and a warrant for my arrest would be requested. I am not sure what the ECB are hoping to gain by these actions.

I have heard that Essex County Cricket Club, together with the English Cricket Board and the Professional Cricketers Association were fully aware of the situation I was falling into but stood back until my involvement reached the point of my guilty conviction. No-one wished to protect me at any stage. Where was their duty of care to me as a member of their staff?

I am here today not because of the summons, nor because of any other party. My family have stood by me throughout the torture I have been made to live with this. No one else has given me any support despite all the promises a year ago. I am here to bring to an end the pain and suffering that I am forced to continuously suffer and in the hope that after today my family and I will never be subjected to the humiliation and hurt we have gone through in the last three years.