Justice Cooke in his summing-up of the alleged spot-fixing trial on Wednesday said that during his initial police interview, while under caution but not arrest, Asif did not volunteer the evidence he gave later at Southwark Crown Court. The judge issued the jury an advisory about when to consider the case of Mohammad Asif with regards to his excuse for bowling a no-ball. Former Test captain Salman Butt and fast bowler Mohammad Asif are facing charges of conspiracy to cheat and conspiracy to obtain and accept corrupt payments following the Lord’s Test last year, when they allegedly conspired with agent Mazhar Majeed, teenager Mohammad Amir and other people unknown to bowl pre-planned no-balls. Butt and Asif deny the charges. The jury can only give a verdict on events directly related to the no-balls.
Asif’s lawyer also highlighted pressure that Butt had put on Asif with the abuse and by placing himself in an unorthodox fielding place. Asif argued that he was not asked for an excuse for the no-ball by the police. Justice Cooke explained to the jury that both defendants were told of how they were made aware that “it may harm your defence if you do not mention something you later rely on in court…” The judge also said to the jury that they should consider if it was reasonable for Asif not to have mentioned what he had now told them, bearing in mind the language barrier, or if it was “a late invention” as the prosecution alleged. The summing up is expected to finish either at close of play on Wednesday or early on Thursday, before the jury is released to decide upon a verdict.
Follow the money: Mohammad Asif’s lawyer urged the jury to “follow the money” and suggested that if they do that they would conclude that his client is innocent of any wrongdoing. On Tuesday, Alexander Milne QC took about 90 minutes to present his closing speech to the jury on the 15th afternoon of the trial.
Milne relied on short, sharp facts to make his impact on the jury and his key points surrounded a lack of clear association between his client and the agent at the centre of the alleged fix Mazhar Majeed, while also revealing how Asif had never pocketed any money at any point from the agent, who had received payments of £10,000 and then £140,000 from an undercover News of the World journalist. No marked money was discovered in Asif’s room during police searches. “Where did that the News of the World money (£150,000) go?” Milne asked the jury. “It went to Mr Butt (£2,500) and Mr Amir (£1,500). It’s up to you members of the jury what conclusions you draw from that but none of that money went to Mr Asif. ” Asif was out of the team hotel when Majeed arrived with the money for the players. “If Majeed was that keen to pay Mr Asif he would have found a way. If you follow the money, you will find that it does not lead to Mr Asif,” Milne added. Milne made reference to the 1970s Watergate scandal involving President Nixon which coined the phrase “follow the money.”
Milne spent the first half of his speech seeking to distance Asif from Majeed. The court has already heard in various ways over the last three weeks that Asif liked to dine alone with friends outside of the team, never with the likes of Majeed and Butt.
“Asif was never in Majeed’s company,” Milne said. “The only times they spent together was on a tennis court in the West Indies (during the Twenty20 World Cup) and twice in London hotel foyers during the tour. There are no photos, no signed contracts between them and there were never any dinners.” Milne held aloft the telephone transcript, a beefy wad of papers held in a plastic binder, which has been circulated as evidence of the traffic between the various implicated parties. He explained to the jury that in the period investigated from August 15 to August 28, Majeed contacted Amir and Butt every day but never Asif.
“When Mazhar Majeed says he speaks to ‘his boys’ every single day, I can tell you ladies and gentlemen that he is not referring to Mr Asif. The contact between Majeed and Mr Asif in that period comes down to just 12 minutes (collectively). That is the entire contact between Majeed and Mr Asif. There is no talk of an Adidas deal, no Tag Heur, no Ray Bans or anything else for Mr Asif.