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Mervyn Westfield
has attacked English cricket for failing to protect him after the ECB
won its legal battle to force him to testify at Danish Kaneria's appeal
hearing against a life ban for corruption.
Westfield, in a statement made through his legal team as Kaneria's
appeal began on Monday morning, sought to shift blame onto Essex, the
ECB and the Professional Cricketers Association for not intervening
earlier to stop the spot-fixing scam which led to him serving a jail
sentence and being banned from first-class cricket for five years.
"I have heard that Essex County Cricket Club, together with the English
Cricket Board and the Professional Cricketers Association were fully
aware of the situation I was falling into but stood back until my
involvement reached the point of my guilty conviction," he said. "No-one
wished to protect me at any stage. Where was their duty of care to me
as a member of their staff?"
Neither Westfield not his lawyers have offered evidence for his
contention that the authorities could have intervened earlier to prevent
the scam in which he agreed to underperform in a one-day match for
Essex against Durham in September 2009.
Angus Porter, chief executive of the PCA, rejected the suggestion that
the authorities had prior notice of the spot-fixing plot, calling
Westfield "bitter" and "confused" and expressing regret that he had
refused to take part in a proposed rehabilitation process.
Westfield claimed the ECB had taken a "hostile route" which has included gaining a High Court order
for his appearance at the hearing, which is being held in private at
the London Court of International Arbitration and it is expected to last
until Thursday. Westfield is giving evidence today and that part of the
hearing could extend into Tuesday.
"I am here today not because of the summons, nor because of any other party," Westfield said in a statement
issued through his lawyer, Yasin Patel, who also represented Salman
Butt. "My family have stood by me throughout the torture I have been
made to live with this.
"No one else has given me any support despite all the promises a year
ago. I am here to bring to an end the pain and suffering that I am
forced to continuously suffer and in the hope that after today my family
and I will never be subjected to the humiliation and hurt we have gone
through in the last three years."
The ECB feared that without Westfield's testimony the case against
Kaneria - the most successful spinner in Pakistan's Test history - would
collapse. Kaneria's legal team had argued that unless Westfield
appeared at the tribunal, and was subjected to cross examination, his
evidence would be inadmissible. That would have increased the
possibility that Kanerai would be cleared and free to return to cricket
only one year after being found guilty in a criminal trial.
Kaneria spoke to ESPNcricinfo during a break in proceedings at the
International Disputes Resolution Centre in Fleet Street. He said of the
original case: "The evidence was not strong, it's one man's word
against another man's word and you can't cut a man's hands off with that
as evidence. How can they take my livelihood with one man's word
against another? Only almighty God can judge me and Inshallah he will
look after me, I have faith. I would be happy to bowl for Pakistan
again. I would love to do it."
Westfield remains angry with the ECB and the PCA. He feels that his
penalty was a harsh one - he spent two months in prison and was banned
from the first-class game for five years and the recreational game for
three - and that it does not reflect that he cooperated with the
investigating authorities, pleaded guilty and gave evidence against
Kaneria.
Porter, whose leadership of the PCA has coincided with a growing
commitment to educate players about the danger of betting-related
corruption, told ESPNcricinfo. "He is a terribly bitter young man who
feels he has been let down. I hope he reflects he's in this position
because he got himself into this position.
"We have made efforts to made to help him with his rehabilitation but
ultimately they have been unsuccessful. He has refused our attempts to
have a full and open discussion with him. We were prepared to use him
for some filming as part of our anti-corruption training and we could
have helped with the cost of retraining.
"I understand why the ECB did what they did. I think all of us feel
strongly that Danish Kaneria should face the consequences of his
actions."
On the claim that others knew about what was happening, Porter said:
"Hand on heart, the first any of us at the PCA knew about this was when
the players came forward. It does pre-date my arrival at the PCA but I
have never, at any stage, heard any suggestion that anyone knew what was
going on until it was reported.
"His language is confused in the statement and I'm honestly not sure
exactly what he means, but it strikes me as a very strange thing to say
at this stage."
Nigel Hilliard, the Essex chairman, had no comment when contacted.
Kaneria, the Pakistan legspinner, was banned from the game for life and
charged £100,000 in costs by an ECB panel in June 2012 for his part in
the spot-fixing case involving Westfield.
He had been found guilty of inducing his former Essex team-mate to
underperform in a limited-overs game in 2009 and of bringing the game
into disrepute. Westfield pleaded guilty at the trial and did not face
cross-examination.
As all boards under the governance of the ICC have an agreement to
mirror bans imposed in such circumstances, Kaneria's ban has been
effective worldwide.
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