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Richard Sydenham at Southwark Crown Court
October 26, 2011
Justice Cooke resumed his summing-up of the alleged spot-fixing trial on Wednesday and issued the jury an advisory for when they start to consider the case of Mohammad Asif with regards to his excuse for bowling a no-ball.
Former Test captain Salman Butt and fast bowler Mohammad Asif are facing charges of conspiracy to cheat and conspiracy to obtain and accept corrupt payments following the Lord's Test last year, when they allegedly conspired with agent Mazhar Majeed, teenager 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 to the jury on the 16th morning of the case prior to starting a full review of the evidence heard in court over the trial so far. He reminded them that during his initial police interview, while under caution but not arrest, Asif did not volunteer the evidence he gave while under oath at Southwark Crown Court last week.
Asif told the court that the ball before his no-ball, Butt had abused him and said, "Run faster f*****, are you sleepy?" (or "have you slept?" depending on interpretation). His lawyer also highlighted pressure that Butt had put on Asif with the abuse and by placing himself in an unorthodox fielding place. Asif argued that he was not asked for an excuse for the no-ball by the police.
Justice Cooke explained to the jury that both defendants were told of how they were made aware that "it may harm your defence if you do not mention something you later rely on in court…" The judge also said to the jury that they should consider if it was reasonable for Asif not to have mentioned what he had now told them, bearing in mind the language barrier, or if it was "a late invention" as the prosecution alleged.
The summing up is expected to finish either at close of play on Wednesday or early on Thursday, before the jury is released to decide upon a verdict.
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