Mervyn Westfield loses appeal against match-fixing

Shamed Westfield and agent Majeed lose appeals against match-fixing

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UPDATED:

11:21 GMT, 31 May 2012

Former Essex player Mervyn Westfield – the first county cricketer in England to be prosecuted for spot-fixing – and agent Mazhar Majeed have lost their Court of Appeal challenges against match-fixing convictions.

Lord Chief Justice Lord Judge and two other judges in London, who had been urged to overturn their convictions, rejected their appeals.

Dismissing the challenges, Lord Judge stressed that for the health and survival of cricket as a truly competitive sport corruption 'must be eradicated'.

Verdict: Westfield and Majeed have lost their Court of Appeal challenges

Verdict: Westfield and Majeed have lost their Court of Appeal challenges

Both appeals were heard together on May 24 as they raised the same point of law.

The men pleaded guilty following pre-trial argument and rulings, but their conviction challenges centred on the correct interpretation of gambling and betting legislation.

Majeed was sentenced in November to two years and eight months after pleading guilty to conspiracy to cheat and conspiracy to make corrupt payments.

Westfield, now 24, from Chelmsford, Essex, was sentenced to four months in prison at the Old Bailey in February and has since been released.

He pleaded guilty to one count of accepting or obtaining a corrupt payment to bowl in a way that would allow the scoring of runs.

He was accused of being paid 6,000 to bowl so that a specific number of runs would be chalked up in the first over of a match between Durham and Essex in September 2009.

As well as the jail sentence, Westfield was the subject of a confiscation order for 6,000. In the case involving Majeed, three Pakistan cricketers also received custodial sentences at London's Southwark Crown Court over a scandal that rocked world sport.

Ex-Test captain Salman Butt was jailed for two-and–half years for his role as the 'orchestrator' of a plot to bowl deliberate no-balls in the 2010 Lord's Test against England.

Mohammad Asif, the former world No 2 Test bowler, was sentenced to 12 months.

Mohammad Amir, who had been tipped to become one of the all-time great fast bowlers, was sentenced to six months.

All three players are serving five-year bans from cricket imposed by the International Cricket Council (ICC).

Amir and Butt failed in an attempt to have their sentences reduced at the Court of Appeal in November.

Lord Judge said: 'These otherwise unconnected appeals against conviction arise in the same notorious context, “spot fixing” in cricket matches.

'For cricket betting is not new. It has, however, become multi-faceted.

'Nowadays it is possible to place bets not only on the final outcome of a match, but on particular passages of play, such as how many runs will be scored or wickets taken in an over, or indeed on individual events during the course of an over or passage of play.

'Cricket is widely televised, not only in the country where the match is being played, but throughout the cricket-playing world, and indeed further afield.

'The prizes for successful gambling can be very great, and the scope for corruption is therefore considerable.

'For the health, indeed the survival, of the game as a truly competitive sport, it must be eradicated.'

Following rulings by the trial judges on issues of law relating to the offences alleged against them, both appellants pleaded guilty.

The appellants, he said, contended that the rulings were wrong – if they had won their appeals, the judges would have then ordered retrials.

Lord Judge ruled: 'The respective offences of conspiracy against Majeed and cheating against Westfield were properly prosecuted.'

The rulings on the law by the judges in the two trials 'were right and these appeals against conviction are dismissed'.

Mervyn Westfield to challenge conviction

Former Essex bowler Westfield to challenge prison sentence for spot-fixing

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UPDATED:

07:33 GMT, 24 May 2012

Jailed: Westfield was handed a four-month term

Jailed: Westfield was handed a four-month term

The first county cricketer in England to be prosecuted for spot-fixing launches a challenge against his conviction on Thursday.

Former Essex player Mervyn Westfield was sentenced to four months in prison at the Old Bailey in February.

Westfield, 23, from Chelmsford, was jailed after pleading guilty to one count of accepting or obtaining a corrupt payment to bowl in a way that would allow the scoring of runs.

He was accused of being paid 6,000 to bowl so that a specific number of runs would be chalked up in the first over of a match between Durham and Essex in September 2009.

Passing sentence, Judge Anthony Morris told Westfield: 'I am satisfied that you would have known from the outset that what was being offered was a corrupt payment and that you could and should have refused it.

'I am also satisfied that, if you had any concerns about the approaches being made to you, you had an opportunity to mention them to the team captain or management, or if you were nervous of doing so, at least to your friends within the team. You chose not to do so.'

As well as the jail sentence a confiscation order was made for 6,000.

His case will be heard by the Lord Chief Justice, Lord Judge, sitting with Mr Justice Openshaw and Mr Justice Irwin at the Court of Appeal in London.

Mervyn Westfield jailed over spot-fixing

First English cricketer guilty of spot fixing to be sentenced

Mervyn Westfield, the first county cricketer in England to be prosecuted for spot-fixing, has been sentenced to four months in prison.

Former Essex player Westfield, 23, was jailed for one count of accepting or obtaining a corrupt payment to bowl in a way that would allow the scoring of runs. He will serve half the term in prison and a confiscation order was made for 6,000.

He was paid the sum to bowl so that a specific number of runs would be chalked up in the first over of a match between Durham and Essex in September 2009.

Howzat: Mervyn Westfield of Essex will be sentenced on Friday over spot-fixing

Howzat: Mervyn Westfield of Essex will be sentenced on Friday over spot-fixing

Howzat: Mervyn Westfield of Essex will be sentenced on Friday over spot-fixing

It was claimed that Westfield was
'targeted' by former Essex team mate and Pakistan international Danish
Kaneria, who set up the deal.

Passing sentence, Judge Anthony
Morris told Westfield: 'I am satisfied that you would have known from
the outset that what was being offered was a corrupt payment and that
you could and should have refused it.

'I am also satisfied that, if you had
any concerns about the approaches being made to you, you had an
opportunity to mention them to the team captain or management, or if you
were nervous of doing so, at least to your friends within the team. You
chose not to do so.'

He said the person who made the
corrupt payment had used the information to influence either a foreign
legal betting market, or an illegal one here or overseas.

The judge went on: 'The criminality
here is that, for financial gain, you betrayed the trust placed in you
to play honestly and to the best of your ability.

'You were trusted to do so by other
members of your team, your employers, the supporters of Essex County
Cricket Club and the very many followers of the game throughout the
world.

Mentioned: Danish Kaneria

Mentioned: Danish Kaneria

'If, because of corrupt payments, it
cannot be guaranteed that every player will play to the best of his
ability, the reality is that the enjoyment of many millions of people
around the world who watch cricket, whether on television or at cricket
grounds, will be destroyed.'

The payment came to light when
another Essex player, Tony Palladino, went to Westfield's Chelmsford
flat in September 2009, where the bowler showed him 'the most money he
had ever seen'.

Westfield emptied a plastic bag of
rolled-up 50 notes on to his bed, and said Kaneria had told him a
'friend' would pay him to concede a certain number of runs. Kaneria was
allegedly himself due to receive 4,000 as part of the Durham match
deal.

Fast bowler Westfield pleaded guilty
last month to one count of accepting or obtaining a corrupt payment to
bowl in a way that would allow the scoring of runs. He has received an
interim suspension order from the England and Wales Cricket Board.

Kaneria, who first joined Essex in 2005, was arrested in connection with the case but later released without charge.

The court heard that he was warned in
2008 by the ICC that he was keeping 'highly inappropriate company' over
his links with Indian bookmaker Arun Bhatia.

Mark Milliken-Smith QC, for
Westfield, told the court: 'It is clear, we submit, that Kaneria and his
associates targeted Westfield.

'Westfield was on the verge of the
squad, more susceptible for that reason. Less likely perhaps to be able
to say no to the club's international star, his future with the club
uncertain.'

The match was the second televised game that Westfield had played in.

The court was told that other Essex players heard Kaneria mentioning spot-fixing but dismissed what he was saying as 'banter'.

Varun Chopra said that, in a phone
call in August 2009, Kaneria told him: 'There's ways of making money,
you don't have to lose a game'. He ignored the alleged approach.

Former Essex captain Mark Pettini and
team-mates James Foster and David Masters also heard Kaneria discussing
spot-fixing but thought it was a joke, the court was told.

Mr Milliken-Smith told the court that,
despite these rumours at Essex County Cricket Club, a 'blind eye' was
turned, and opportunities to report the allegations were initially
missed.