Share

Cairns judge: Be cautious of Vincent testimony

London - The judge in the perjury trial of former New Zealand captain Chris Cairns warned a jury on Friday to be "particularly cautious" regarding the evidence of self-confessed match-fixer Lou Vincent.

Cairns and co-defendant Andrew Fitch-Holland, a barrister, face perjury and perverting the course of justice charges after the all-rounder successfully sued Indian Premier League founder Lalit Modi for accusing him of match-fixing on Twitter in 2010.

Both Cairns and Fitch-Holland deny the charges against them.

In 2012, Cairns won the libel action and was awarded $136,795 in damages, with Modi having to pay out $2.1 million in damages and costs.

But the prosecution in the ongoing case at London's Southwark Crown Court have alleged that Cairns lied during the libel hearing when he said he had "never, ever" engaged in match-fixing.

Several former and active cricketers including Australia great Ricky Ponting and current New Zealand captain Brendon McCullum have testified during the now six-week long trial.

The jury has also heard evidence from former New Zealand batsman Vincent, who said Cairns had promised to pay him money if he deliberately played badly while they were playing for the Chandigarh Lions in the Indian Cricket League in 2008.

Judge Nigel Sweeney, summing up, gave detailed instructions to the Southwark jury as to how they should assess the evidence of Vincent, who admitted to match-fixing in 2013 and was given a life ban from cricket last year by the International Cricket Council.

"The prosecution say that nevertheless you can be sure he is telling the truth when he tells us that Mr Cairns recruited him to take part in cheating," said the judge.

He added: "It is incumbent on me to emphasise to you the potential danger posed by such a witness and point out to you that he might have his own interests to serve by giving evidence.

"What you make of his evidence is entirely a matter for you, whether you are sure that he's telling the truth or not."

Judge Sweeney's warning was important in the context of a perjury case, a criminal offence for which those found guilty can be sent to prison.

Under English law, the evidence of more than one witness is required to prove a charge of perjury.

Jurors were told by Judge Sweeney they had to be sure of the evidence of at least two of the three main prosecution witnesses -- Vincent, Vincent's ex-wife Ellie Riley and McCullum -- if they were to convict Cairns.

The judge added that if the jury were sure Cairns had engaged in fixing, they could convict him on the first count of perjury and then go on to consider the second count against both defendants of perverting the course of justice.

If, however, they acquitted on the first count, then they must acquit on the second as well, he said.

Judge Sweeney will continue his summing up on Monday.

We live in a world where facts and fiction get blurred
Who we choose to trust can have a profound impact on our lives. Join thousands of devoted South Africans who look to News24 to bring them news they can trust every day. As we celebrate 25 years, become a News24 subscriber as we strive to keep you informed, inspired and empowered.
Join News24 today
heading
description
username
Show Comments ()
Voting Booth
How much would you be prepared to pay for a ticket to watch the Springboks play against the All Blacks at Ellis Park or Cape Town Stadium this year?
Please select an option Oops! Something went wrong, please try again later.
Results
R0 - R200
32% - 1843 votes
R200 - R500
32% - 1810 votes
R500 - R800
19% - 1100 votes
R800 - R1500
8% - 470 votes
R1500 - R2500
3% - 193 votes
I'd pay anything! It's the Boks v All Blacks!
5% - 261 votes
Vote
Editorial feedback and complaints

Contact the public editor with feedback for our journalists, complaints, queries or suggestions about articles on News24.

LEARN MORE