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6. International cricket is at a critical point of development. If
the ICC continues as a loose and fragile alliance it is unlikely to
succeed as a governing body. It must become a modern, regulatory body
with the power to lead and direct international cricket. All the
constituent cricket boards, in the member countries, must show equal
determination to deal with the ongoing challenge of corruption.
7. In this report, I have set out a package of measures to enable the
ICC to draw a line under past problems and move on. If implemented, with
resolve, these recommendations will keep corruption to an irreducible
minimum. They provide a credible deterrent to would be corruptors and a
framework to help secure the detection and punishment of those who
threaten the future of the game.
SECTION 1
THE ROLE AND WORK OF THE ANTI CORRUPTION UNIT
8. On the 26 June 2000 I was appointed Director of the Anti
Corruption Unit (ACU) of the International Cricket Council. This is a
new post and I had to establish terms of reference, recruit staff and
establish an office. By September 2000 the staff had been recruited and
the unit was working from an office at 1 Queen Anne's Gate, London SW1H
9BT.
9. My Chief Investigator is a former Detective Chief Superintendent
from New Scotland Yard and he is supported by two other former
detectives who are now Senior Investigators with the unit. I recruited a
Security Adviser, with a background in security and protection issues
and a Systems Manager to establish an intelligence database and to look
after the information technology of the unit. The unit has a full time
secretary who is the Office Manager.
10. In this chapter of my report I describe the work of the unit
during the first seven months of its existence and the next tranche of
work already underway. First, however, I will describe the climate of
silence, apathy, ignorance and sometimes fear we inherited, as the
backdrop to our work.
A Climate of Silence, Apathy, Ignorance and Fear
11. Within days of taking up this new appointment, it became clear to
me that many people within cricket had significant information about
corruption within the game. However, the prevailing culture was not
helpful. As a result of the interviews carried out by my unit I realised
the allegations in the public domain were only the tip of the iceberg.
Many people had not reported attempts to corrupt them or suspicions
about other people they believed to be corrupt.
12. Various explanations were given for what amounts to a conspiracy
of silence. Players did not want to be branded an informant and risk
being ostracised by team mates. There was no obvious or credible person
or place to report matters. There was the justified fear that
'whistleblowers' would be penalised rather than supported. Players and
others feared their international careers would have come to an abrupt
halt if they had voiced their anxieties about corruption.
13. Some people were apathetic and thought corruption would always be
present, in some form or another, in international cricket.
14. Ignorance has also been the enemy of a more robust approach from
within cricket. I have spoken to worldly wise and mature individuals
whom I genuinely believe had no idea what was going on, in terms of
corruption, even though it took place close to them. Players, former
players, umpires and others have been shocked, angry and embarrassed as
their role as innocent participants in matches, where the result was
corruptly fixed, has been explained to them.
15. The most disturbing aspect of the tolerance of corruption is the
fear that some people have expressed to me about their own personal
safety or the safety of their families. I have spoken to people who have
been threatened and others who have alleged a murder and a kidnapping
linked to cricket corruption. In order to respond to these anxieties I
have interviewed some people away from their normal lifestyles.
16. It is reassuring that as people have begun to understand my role
and the work of the unit they have been prepared to come forward and
talk. In most cases we have no reason to doubt the veracity of their
allegations and have been able to cross check and validate aspects of
what they are saying. In some cases we have encountered people whose
motives were dubious and whose allegations were suspect and exaggerated.
Sadly and perhaps inevitably, at this stage, the most serious
allegations have been made in circumstances which, for the time being,
cannot be converted into evidence before disciplinary or criminal
hearings. Some people will talk in secure and confidential surroundings
but are not prepared to give evidence in formal and public fora.
Confidence in the work of my unit is growing and I believe the
atmosphere is gradually changing to one of trust and a critical mass of
support for cricket to be cleaned up. It will take time and the
International Cricket Council will need to convince a sceptical and
critical audience that things have changed for the better.
Anti Corruption Unit Investigations
17. Prior to the formation of the ACU, the ICC had received
allegations about corruption from a number of sources and these were
passed to my unit for assessment and the potential for investigation.
Some of these allegations had been discussed at Executive Board level
and others had merely been recorded by the staff of the ICC based at
Lords.
18. The staleness of some of these allegations reinforced the need
for the establishment of the ACU. We assessed these allegations and they
provided important background information and the starting point for
interviews of witnesses.
19. The ACU computer based intelligence database uses sophisticated
analytical systems, comparable to those used by police services around
the world. Our analysis quickly generated important strands for
investigation.
20. Detailed interviews have taken place involving people from most
of the member countries of the ICC. As a result we now have reasonable
grounds to investigate a number of people. These allegations against
players, former players, umpires and others within cricket are not yet
public knowledge and will be investigated during the next phase of work
of the ACU.
Support for Judicial, Criminal and Disciplinary Proceedings
21. In helping to draft the ACU terms of reference, I felt it was
important to emphasise the support my unit should give to judicial,
criminal and disciplinary enquiries into cricket corruption. The Anti
Corruption Unit provides the vital coordination, the lack of which
previously inhibited the work of these investigations. The work of the
unit has added value to enquiries that could have missed important
opportunities as a result of parochialism. We have established a secure
computer database and liaison point and I am confident we are seen as an
independent force who can assist and help coordinate these enquiries.
Although the Anti Corruption Unit has a vital role to play, its members
do not have the powers given to judicial inquiries and police forces. It
is important we assist these bodies to make good use of their powers in
dealing with cricket corruption. Whilst some of our support for these
inquiries is already public knowledge, I have summarised below our
involvement.
The King Commission - South Africa
22. This investigation focused on allegations made public by the New
Delhi Police, that Hansie Cronjč and other South African cricketers had
accepted substantial sums of money from an Indian bookmaker for
under-performing or ensuring that certain matches had a pre-determined
result.
23. Judge King's inquiry team included lawyers, police officers,
forensic auditors and others. As a result of this inquiry the United
Cricket Board of South Africa banned Hansie Cronjč from playing or
other involvement in cricket for life. Two other players were suspended
from international cricket for six months.
24. I met Judge King in London and members of my unit went to South
Africa to liaise with his team. With Judge King's approval we
interviewed Hansie Cronjč on 6 November 2000 to learn from his
experience and to help formulate some of the recommendations which
appear later in this report.
25. Judge King issued interim reports and will issue a final report
in due course. As the King Commission draws to a close we remain in
contact to ensure that any residual matters are taken forward by the
Anti Corruption Unit and the United Cricket Board of South Africa.
Metropolitan Police - England
26. The Metropolitan Police Service at New Scotland Yard is
investigating allegations made by the test players, Chris Lewis of
England and Stephen Fleming of New Zealand, that attempts were made by a
bookmaker to involve them in cricket corruption. We have been in regular
contact with the police enquiry team and have assisted them in a number
of material ways. The result of the investigation has been passed to the
prosecuting authorities for consideration.
Central Bureau of Investigation - India
27. In the first half of 2000 the Central Bureau of Investigation
(CBI) in India undertook an investigation into match fixing and related
issues. On the 2 August 2000 I held a critical meeting in London with
the Head of the CBI investigation into match fixing and we established a
very productive working relationship. In September and October my unit
played an important liaison role for the South African, British and
Indian investigations.
28. On 2 November 2000 the CBI published their report. They
implicated a number of Indian cricketers, criticised the Board of
Control for Cricket in India and implicated a number of non Indian
players. Two members of my unit worked in India immediately after the
publication of the CBI report. We were made aware that although the CBI
had carried out a thorough and professional investigation into the
allegations against the Indian players, it was not within their
jurisdiction to follow up the allegations against the non Indian
players. In my discussions with them, the CBI justified the reasons for
naming and implicating the overseas players on two grounds. First, as
they were in possession of the allegations they could have been
vulnerable to accusations of negligence or cover up if they had not made
them public. Secondly and more controversially the CBI felt that their
principal witness M K Gupta, a bookmaker, had not been disproved in
respect of any allegations he had made and they did not think he was
lying.
29. The Anti Corruption Unit took on a coordinating role, in relation
to the allegations about non Indian players in the CBI report.
Australia, New Zealand, England and Sri Lanka quickly announced
investigations into the allegations made against their players.
30. In the second week of December 2000, I led a delegation of
Special Investigators from Australia, New Zealand and Sri Lanka to
India. We held meetings with the Minister for Sport and the Law
Minister, the CBI, Delhi Police, the Board of Control for Cricket in
India and their Special Investigator.
31. As a result of the CBI report and the report of their Special
Investigator, Mr Madhaven, the Board of Control for Cricket in India
took robust action against a number of people.
32. The investigations into the allegations against the non Indian
players named in the CBI report are ongoing and the Anti Corruption Unit
will continue to support these investigations.
33. These allegations against the non Indian players named in the CBI
report emanate principally from M K Gupta. He was seen by members of my
unit in Delhi in November 2000 and again in March 2001. Negotiations
continue to establish whether Gupta is prepared to give evidence in
person to support the investigations underway in a number of countries.
I have set out below a brief summary of the response to the CBI
allegations in each of the relevant countries outside of India and the
support my unit has given or is scheduled to give.
Australia
34. The CBI report named Mark Waugh and Dean Jones. The Australian
Cricket Board appointed Greg Melick, a Barrister to investigate. He has
worked very closely with my unit, in London, India and Australia and two
members of my unit were present when he interviewed Mark Waugh in
Melbourne in February 2001. Greg Melick has submitted an interim report
to the Australian Cricket Board.
England
35. The England and Wales Cricket Board asked my unit to investigate
the allegations relating to Alec Stewart. I met Alec Stewart and his
legal advisor in January 2001 in London and he will be formally
interviewed in the near future by my unit.
New Zealand
36. The New Zealand Cricket Board appointed a Commission of Inquiry
headed by Sir Ian Barker, a former High Court Judge, to examine
allegations against Martin Crowe. The New Zealand Barrister assisting
the inquiry worked with my unit in London and India and I briefed Sir
Ian in Auckland. Sir Ian has formally requested that my unit interview a
key witness, the Sri Lankan player, Aravinda De Silva who allegedly
introduced M K Gupta to Martin Crowe, and we will do so in early May
2001, in Sri Lanka. Martin Crowe will be interviewed in New Zealand and
members of my unit will assist the process.
Sri Lanka
37. The Board of Control for Cricket in Sri Lanka appointed Desmond
Fernando, Presidents Counsel, as their Special Investigator and he
worked with my unit in London and India. I had arranged to be in Sri
Lanka with other members of my unit at the end of March 2001. However,
at short notice we were informed that the Sri Lankan players due to be
interviewed had been given more time to respond in writing to Desmond
Fernando. In addition the Board of Control for Cricket in Sri Lanka was
suspended. An interim board has been appointed and I plan to be in Sri
Lanka at the end of April 2001 and members of my unit will assist
Desmond Fernando to interview the two Sri Lankan players, Ranatunga and
De Silva who were named in the CBI report. In Sri Lanka, as we have done
elsewhere, we will help formulate the interview structure and questions
and will provide the vital co-ordinating role to ensure all of the
international investigations have access to relevant information.
Pakistan
38. The Pakistan Cricket Board had already taken robust action
against a number of players, as a result of the Commission of Inquiry by
Mr Justice Qayyum and felt that no residual action arose from the CBI
report for them.
39. However, the persistent allegations that the Pakistan v
Bangladesh match in the 1999 World Cup was fixed in favour of Bangladesh
for betting purposes, led to the Pakistan Cricket Board confirming that
a further judicial inquiry will take place.
40. I will be in Pakistan with other members of my unit in late May
2001 and I will discuss my support for the investigations in Pakistan. I
will also brief Mr Israr Ahmad, the newly appointed Special Investigator
for the Pakistan Cricket Board.
The West Indies
41. Brian Lara was implicated in the CBI report and Elliott Mottley
QC has recently been appointed by the West Indian Cricket Board to
investigate the allegations. We will support his investigation and have
begun to share information with him.
United Arab Emirates
42. As a result of allegations in the CBI report and elsewhere
relating to matches in Sharjah, the United Arab Emirates Cricket Board
has commissioned an inquiry. This inquiry is headed by George Staple QC,
from England assisted by Clive Lloyd, the former Captain of the West
Indies and Brigadier Mohammed K Al Mualla from Sharjah. I am liaising
with the Sharjah inquiry and two members of my unit were in Sharjah in
mid April 2001 to follow up a number of issues. They returned to Sharjah
later in the month to carry out further work.
Security and Control
43. It soon became apparent to my unit that it had been very easy for
corruptors to mix freely with players and others at cricket grounds,
training grounds, hotels and other locations. My Security Advisor has
taken every opportunity during our visits to member countries to
establish the security regimes for players, umpires, officials and
venues. He has noted best practice and members of the ACU have visited
stadia including Lords in London, the Wanderers in Johannesburg, the
Melbourne Cricket Ground, the Bellerive Oval in Hobart, the Wankhede
stadium in Mumbai, the MAC stadium in Chennai, the SSC in Colombo, the
Nairobi sports ground and the Sharjah cricket stadium. These reviews
provide the background to my recommendations for security and control
set out at page 42.
Operating Methods
44. In establishing the unit and setting the operating protocols for
the members of the unit I sought to adhere to the highest standards of
integrity and professional standards. I have taken legal advice on all
relevant matters and will continue to involve our legal advisors in all
stages of our operations. Our computer-based database is registered with
the British Data Protection Registrar. Formal interviews are audio taped
and/or video recorded in certain circumstances, always with the consent
of the interviewee. Written statements are taken to a standard
compatible with use in criminal proceedings and cricket disciplinary
proceedings.
45. The unit is sensitive to the diversity of religious, cultural and
political backgrounds within the member countries of the International
Cricket Council and is strengthened and encouraged by the trust and
support we have won in the first few months of our operation.
46. It is important not only that we operate but we are seen to
operate within the principles of natural justice. In essence, we must
not allow pressures for 'convictions' and 'punishment' of alleged
wrongdoers to subvert ethical standards and due process. Longer term,
the foundations we are now laying will prove more enduring and effective
in cleaning up the game than dramatic gestures to grab headlines.
Confidence Building Measures
47. In the first few weeks of the unit we encountered cynicism and
suspicion about our role and purpose. History was against us in the
sense that the International Cricket Council was perceived as having
been dragged reluctantly into public discussion of corruption and action
to prevent further malpractice. In each of the member countries I have
visited I have held one or more press briefings, I have also had the
opportunity to brief senior members of Government in India and Australia
and hope to do the same in Sri Lanka and Pakistan in the next two
months. The cynicism expressed by players and former players will take
time to assuage. They have expressed support for my role and the work of
my unit but are still reluctant to accept the International Cricket
Council can take decisive and coordinated action to deal with
corruption. Also the fact that the ICC funds my unit is used by some to
challenge the independence of our endeavours. I have sought to reassure
doubters by pointing out that on all our operational matters and
investigations I report to the Chairman of the Code of Conduct
Commission and not to the ICC President or Executive Board. Malcolm
Gray, the President of the ICC strongly supported this independent
reporting line. Actions will speak louder than words and if my unit is
seen to operate without fear or favour we will reassure those who doubt
us. I am encouraged by the information and support we are now receiving.
Self Declaration Forms
48. Prior to my appointment and the formation of the Anti Corruption
Unit, the International Cricket Council decided to place international
players and others under an obligation to complete a confidential form
setting out a series of questions about knowledge and involvement in
corrupt practices.
49. The decision to introduce this process was taken at an ICC
Executive Board meeting in May 2000, prompted by the Hansie Cronjč
allegations in South Africa. A first draft was considered by the Board
in June 2000 and the final version was approved in October 2000. All the
test playing nations, plus Kenya and Scotland (both countries are
represented at Executive Board Meetings and were therefore included)
were instructed to prepare the forms and return them by November 2000. A
sample form for completion by a player is included at appendix A.
50. The motivation which led to this process was sound but it rapidly
became overtaken by events such as the operations of the Anti Corruption
Unit.
51. Individual cricket boards were requested to print the declaration
forms on their own letterheads and to give a copy to relevant people for
completion. Relevant people were designated as follows:
1. Players, including former international players still playing
first class cricket
2. Team Officials
3. Umpires
4. Referees
5. Curators
6. Employees
7. Administrators
52. Each country was asked to produce a list of relevant persons and
to send the list to the Anti Corruption Unit ahead of the completed
declaration forms. Each completed form was to be sealed in an envelope
by the person completing it and forwarded to the board in question. The
National Board would then send all the sealed envelopes unopened to the
Anti Corruption Unit, via a secure courier.
53. These instructions were designed to give people the opportunity
and requirement to be frank and open, whilst maintaining a reasonable
degree of confidentiality.
54. This was the first time the ICC had completed such an exercise
and not surprisingly the logistics involved were complex and the
timescales for return of the forms unrealistic. Players and umpires were
distributed throughout the world and each of the boards interpreted the
instructions differently. The idea was well motivated but the
implementation and response poor. The responses to date have varied from
full compliance with every aspect of the instructions through to non
compliance. As of 31 March 2001 two countries had completed the exercise
completely satisfactorily and negotiations continue with the others to
ensure full compliance.
55. Some 911 completed declarations have been received by the Anti
Corruption Unit and of these 21 indicated a yes or positive answer about
involvement or knowledge of corruption. 10 of these positive responses
were already known to the unit as a result of previous contact, reports
and investigations. The remaining 11 positive responses were scrutinized
and 6 do not require follow up action. The remaining 5 positive
responses are being investigated.
56. The declaration process was well motivated and to some extent it
served a purpose in that it raised awareness. However, it was
intrinsically flawed because corrupt people were unlikely to respond
honestly. Also from the work of my unit, I know that players and others,
with justification, were cynical about the confidentiality of completed
forms prior to their arrival at the Anti Corruption Unit.
57. In my recommendations I conclude that the self declaration
process was not worth the logistical effort and outcome and there are
better ways to test and ensure compliance with ethical standards in
cricket.
Liaison with Organisations Outside Cricket
58. Corruption is not confined to cricket and I felt it was important
to understand the
challenge to and response from other sporting
organisations. As a result my unit has established links with a number
of organisations.
The United Kingdom Jockey Club has, in recent times, faced challenges
to the integrity of horse racing and we have established strong working
links with those tasked with security in all its aspects.
Corruption in cricket is motivated predominantly by the desire to win
money through betting and the Anti Corruption Unit needs to understand
all aspects of the betting industry. Even though most betting on fixed
matches, or occurrences within matches, takes place in the unlawful
betting environment, it was also important for my unit to liaise with
lawful industries. We have been briefed on line betting, fixed odds
betting, spread betting and the growth of internet betting. We will
continue to work closely with relevant organisations to identify risks
and threats to cricket and to them.
In the United Kingdom the Gambling Review Body is carrying out a major
review and I gave evidence to them on behalf of the International
Cricket Council.
In the United States of America, baseball, basketball, american football
and ice hockey responded to a history and threat of corruption by
forming extensive and well resourced security operations. They also
collaborate on joint training and educational programmes. Members of my
unit visited these organisations and researched their operating methods.
We continue to share best practice with these sporting bodies.
The Next Steps
for the Anti Corruption Unit
59. The work to date
of the unit can be summarised as follows:
1. We have scoped the size of the problem faced by world cricket and
analysed the causes.
2. We have assisted investigators around the world to carry out their
criminal, judicial and cricket discipline investigations. The
investigation emanating from the CBI report dominated this aspect of our
work.
3. We have reasonable grounds for new investigations against a number of
individuals. These allegations are not yet in the public domain.
4. We have established productive liaison points in all the member
countries and generated trust in our ability to respect the diversity of
religious, cultural and political backgrounds.
5. We have put forward an integrated package of recommendations for
reform to the ICC in this report.
60. We will build on
these foundations. The World Cup in South Africa in 2003 is a
significant date for cricket and it is my ambition and intention that
corruption in cricket will be under control and reduced to an absolute
minimum before then. To fulfil this ambition the programme of work for
my unit over the next 12 months will include:
1. Supporting the enquiries arising from the CBI report to a conclusion.
The availability of M K Gupta and his willingness to cooperate will be
critical to these investigations.
2. Supporting the CBI in two further investigations
a) The links between organised crime and cricket match fixing.
b) Allegations of criminal offences linked to the contract for the
television rights and associated matters for the ICC knockout
competition in Bangladesh in 1998.
3. Supporting the Judicial Inquiry in Pakistan into allegations about
the 1999 World Cup, in particular the match between Pakistan and
Bangladesh.
4. Supporting the new Chief Executive and the individual cricket boards
to implement the recommendations contained in this report, if approved.
5. Carrying out a series of new investigations into allegations of
corruption we have uncovered in recent months, as a result of detailed
interviews with players, former players, umpires, referees, groundsmen,
administrators and the media. These new investigations are not in the
public domain and relate to players, former international players,
umpires and other people linked to cricket.
6. If my recommendations are implemented, the ACU will have the ability
to prevent corruption by monitoring and frustrating the attempts by
corruptors in real time and not just responding to past events. We will
be in a stronger position to catch people in the act of corruption and
this will lead to criminal and disciplinary proceedings.
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