News 30 July 2015

ECB files petition for costs order against cricketer Danish Kaneria

A lawyer acting on the behalf of the England and Wales Cricket Board (ECB) has filed a petition in the Sindh High Court in Karachi, Pakistan, demanding that the former Pakistani cricketer Danish Kaneria pay them costs of £249,000, the Sports Integrity Initiative can confirm.

The ECB’s anti-corruption operational executive Chris Watts confirmed that Khawaja Naveed, had filed the petition on behalf of the ECB. The petition was filed to recover the sum of £100,000 imposed by a Disciplinary Panel of the ECB’s Cricket Discipline Commission by way of contribution to the costs of the initial hearing, as well as additional costs incurred over the course of the case, which included numerous appeals by Kaneria.

On 22 June 2012, the Disciplinary Panel suspended Kaneria for life from any involvement in the playing, organisation or administration of any cricket under the jurisdiction of the ECB and that he pay the sum of £100,000 by way of contribution to the costs of the hearing. He was found guilty on two charges. The first charge was that Kaneria had attempted to or had induced or encouraged his team-mate at Essex, Mervyn Westfield, who was convicted of spot-fixing, not to perform to his merits by deliberately conceding a minimum number of runs. The second charge was Kaneria had thereby conducted himself in such a manner as might bring the game of cricket or any cricketer into disrepute. The charges were for the breaches of the 2009 ECB Directives 3.8.5 and 3.3 respectively.

The AFP reported that the ECB’s lawyer, Naveed, had said that a notice would be issued to Kaneria by Saturday 1st August and that if Kaneria failed to pay the sum requested, that the ECB had asked the court to demand that the player sell his property.

Kaneria was initially found guilty for his role in match-fixing by the Disciplinary Panel in June 2012, after which Kaneria has used almost every single route possible to try and overturn the decision. Kaneria first appealed against the decision to an independent Appeal Panel set up by the ECB’s Discipline Panel, the hearing of which took place in April 2013. The Appeal Panel upheld Kaneria’s life ban and costs order in July 2013. Kaneria then appealed to the UK High Court in August 2013, arguing that that the decisions of the Appeal Panel should be set aside due to alleged serious irregularities and errors in law. In May 2014, the High Court dismissed Kaneria’s appeal. Kaneria’s final application to appeal his life ban was refused by the Court of Appeal, Civil Division, where the judge ruled that Kaneria’s application was ‘totally without merit.’

Kaneria has allegedly said that he would consider appealing in either a European court or the Court of Arbitration for Sport in Switzerland. Kaneria also reportedly told the AFP that he was unaware of the ECB’s petition, only coming to know of it ‘through the media’ and that if he were to get notice that he would then consult his lawyers.

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