Cairns faces jail over perjury charge

Chris Cairns
Chris Cairns
Chris Cairns faces up to seven years' jail if he is convicted on a charge of perjury in the United Kingdom.

The former New Zealand test cricketer faces a daunting few months as he prepares to defend the forthcoming charges which will be laid on September 25 once he voluntarily sets foot in Britain.

Factors for consideration in perjury convictions include whether it was planned or spontaneous, whether it was persisted with, whether the lies or fabrications had any impact on the proceedings and whether the activities of the offender drew in others.

Cairns has always denied any wrongdoing and described match-fixing allegations against him as "despicable lies".

He spent much of yesterday afternoon at his Herne Bay home and was seen armed with a large umbrella taking two of his children for a walk in the rain.

When questioned about the charges, he said he had no further comment and asked to be left alone.

Cairns confirmed the UK's Crown Prosecution Service (CPS) had contacted him after the Herald learned from sources close to the investigation that he was about to be charged. His friend, lawyer Andrew Fitch-Holland, will also be charged.

Last night a CPS spokesman told the Weekend Herald: "We can confirm that we have authorised police to charge Chris Cairns with one count of perjury, which arises from a libel trial held in the UK in March 2012. We have also authorised police to charge Andrew Fitch-Holland with one count of perverting the course of justice, which arises from actions taken relating to the same trial. Both suspects will be formally charged by police in due course."

The perjury charges stem from a High Court libel trial in London when the former all-rounder won damages of 90,000 pounds and costs against Lalit Modi, the former boss of the Indian Premier League.

Modi tweeted the reason Cairns had been expelled from the now-defunct Indian Cricket League was because of match-fixing.

Cairns left the ICL's Chandigarh Lions in 2008, with the official reason given as an undeclared injury.

Allegations have since surfaced Cairns was involved in match-fixing with Chandigarh teammates Lou Vincent and Daryl Tuffey.

Vincent has admitted his role and recently received 11 life bans from the England and Wales Cricket Board for fixing during county limited overs games.

Tuffey provided a character statement for Cairns in his libel trial against Modi.

Perjury conviction precedents in the UK include the novelist and politician Lord Jeffrey Archer in 2001; he was sentenced to four years' jail, and served two. He was convicted on two counts of perverting the course of justice and two of perjury. The sentences were served concurrently.

Cairns released a statement yesterday saying he would be flying to the UK to clear his name.

"I'm obviously extremely disappointed. However, at least there will now be an opportunity to face my accusers in an open forum, with some rigour and proper process around that, so that I can clear my name once and for all," his statement read.

"I hope that, through this forum, significant additional information will be flushed out that will help people to better assess the situation, as well as the character and motives of the parties involved.

"I wish this wasn't the situation - having been to Court before, I know what lies ahead and how gruelling it will be and how tough it is on my family - but I have nothing to hide and I will do whatever it takes to once again prove my innocence. I will continue to co-operate fully with the authorities, including voluntarily travelling to the UK."

A spokesman for the Met Police said no statement would be made until that time.

New Zealand Cricket acknowledged the decision to lay charges in a statement.

"These charges, quite different from proceedings conducted by cricket authorities into match-fixing and corruption, will now be tested in a British court of law and be subject to the normal processes of a criminal trial."

"Accordingly, NZC will not make any comment on the matter until such time as all proceedings have been concluded."

Cairns' file has been with the Crown Prosecution Service since the Met Police, whose representatives have travelled to New Zealand several times over the past year, recently wrapped up their investigation.

Fitch-Holland, who gave evidence on Cairns' behalf at the 2012 trial, was arrested and bailed in March.

The charges are the culmination of a story the Herald broke on December 5, revealing up to three former New Zealand internationals were being investigated by the ICC for allegations of match-fixing.

- Dylan Cleaver and Andrew Alderson/additional reporting Susan Strongman

 

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