I have spent considerable time reading the PCB's formal Findings in Sharjeel Khan's corruption trial.
SOURCE: http://www.pcb.com.pk/downloads/anti corruption tribunal decision sharjeel khan 8-9-17.pdf
But I'm glad I spent the time. Because what I am about to write may surprise readers. And bear in mind, I have had this post read by a lawyer to ensure that I say nothing which could be considered libelous, because PakPassion would take this post straight down if I did. This is a sanitized post, cleaned up to ensure that nobody is accused of anything.
I've spent a lot of time reading these kinds of reports. The ICC Tribunal Findings report for Amir, Asif and Butt can only be described as an absolutely masterful document, in which three internationally eminent legal experts in the field of Sports Law list the evidence - even including photographs - weigh up mitigating and exacerbating factors and then come up with a beautifully measured set of punishments.
Let's just start by saying that the PCB Findings report against Sharjeel Khan is a very different document.
It is 60 pages long, and it is not until Page 29 that the panel - made up of a wicketkeeper, a soldier and a judge - make an astonishing admission of their own.
In the words of this panel:
"The only documentary evidence which is on record is a USB (marked Exhibit A)".
Astonishingly, no evidence from the USB stick is actually then used to justify the conviction of Sharjeel Khan.
Now, let's go back a step or two to refresh our memories about what convicted Amir, Asif and Butt at their ICC Tribunal.
1. Verbal recordings MADE BEFORE THE FIX in which Amir and Butt stated that no-balls would be delivered at set points.
2. Self-incriminating text messages BEFORE THE FIX between Amir, Butt and Mazhar Majeed.
3. Camera footage showing the no-balls bowled on cue.
4. Marked notes from the newspaper which paid for the fix, found in the possession of both Amir and Butt (but not Asif).
You see the level of proof required? Actual evidence, including EVIDENCE TAKEN BEFORE THE FIX.
The PCB failed to provide any evidence of any similar level of proof against Sharjeel Khan.
1. There is no recording or SMS or any evidence of any description from before the alleged fix. It is said that Sharjeel Khan had said he would do a stretch before the dot balls that he was going to play. But:
a) There is no recording to this effect, or text messages, or emails, or even a witness statement made prior to the alleged offences.
b) The man giving evidence that Sharjeel said this failed to make any evidence to that effect prior to the fix. He could have sent himself an email, sent someone a text message, made a sworn affidavit prior to the alleged fix, anything to say when the dots would be bowled and what Sharjeel's signal would be. He didn't.
2. There is no evidence of any payment having been made to Sharjeel Khan for the dot balls. No marked notes. No bank transfers. No record of any payment at all.
3. Astonishingly, there isn't even any evidence to support the assertion on Page 3 that "on 9 February 2017 Cricketer Sharjeel Khan allegedly knowingly met with the Bookie/Fixer YA at a café near the Conrad Hotel". No photos. No videos. No sound recording. No witnesses. Nothing!
So on what evidence have the wicketkeeper, the soldier and the judge convicted this cricketer?
It's all rather simple, according to the PCB report.
On page 14, the report notes that "The Security and Vigilance Department of the PCB had information that the players had been contacted by bookies, they were prone to spot-fixing, and thus were on the radar of PCB".
So what do we have here?
A conviction for an extremely serious offence. Made by a three man panel of which two of them have no legal qualifications.
And made with an extraordinary lack of evidence. There appears to be no evidence whatsoever which was verifiably made before the alleged offence.
1. No evidence of the meeting with the bookie/fixer.
2. No advance evidence of what the timing of the fixes was going to be.
3. No advance evidence of what the signal for the fixes was going to be.
4. No proof of payment for the alleged offences.
The ICC Tribunal for Amir, Asif and Butt contained so much damning evidence that no-one could possibly doubt the fix.
The PCB Tribunal on Page 29 in effect fails to produce any evidence whatsoever to confirm any of the matters listed in points 1 to 4 above.
I presume that Sharjeel Khan will be taking this straight to the Court of Arbitration for Sport.
	
		
			
		
		
	
				
			SOURCE: http://www.pcb.com.pk/downloads/anti corruption tribunal decision sharjeel khan 8-9-17.pdf
But I'm glad I spent the time. Because what I am about to write may surprise readers. And bear in mind, I have had this post read by a lawyer to ensure that I say nothing which could be considered libelous, because PakPassion would take this post straight down if I did. This is a sanitized post, cleaned up to ensure that nobody is accused of anything.
I've spent a lot of time reading these kinds of reports. The ICC Tribunal Findings report for Amir, Asif and Butt can only be described as an absolutely masterful document, in which three internationally eminent legal experts in the field of Sports Law list the evidence - even including photographs - weigh up mitigating and exacerbating factors and then come up with a beautifully measured set of punishments.
Let's just start by saying that the PCB Findings report against Sharjeel Khan is a very different document.
It is 60 pages long, and it is not until Page 29 that the panel - made up of a wicketkeeper, a soldier and a judge - make an astonishing admission of their own.
In the words of this panel:
"The only documentary evidence which is on record is a USB (marked Exhibit A)".
Astonishingly, no evidence from the USB stick is actually then used to justify the conviction of Sharjeel Khan.
Now, let's go back a step or two to refresh our memories about what convicted Amir, Asif and Butt at their ICC Tribunal.
1. Verbal recordings MADE BEFORE THE FIX in which Amir and Butt stated that no-balls would be delivered at set points.
2. Self-incriminating text messages BEFORE THE FIX between Amir, Butt and Mazhar Majeed.
3. Camera footage showing the no-balls bowled on cue.
4. Marked notes from the newspaper which paid for the fix, found in the possession of both Amir and Butt (but not Asif).
You see the level of proof required? Actual evidence, including EVIDENCE TAKEN BEFORE THE FIX.
The PCB failed to provide any evidence of any similar level of proof against Sharjeel Khan.
1. There is no recording or SMS or any evidence of any description from before the alleged fix. It is said that Sharjeel Khan had said he would do a stretch before the dot balls that he was going to play. But:
a) There is no recording to this effect, or text messages, or emails, or even a witness statement made prior to the alleged offences.
b) The man giving evidence that Sharjeel said this failed to make any evidence to that effect prior to the fix. He could have sent himself an email, sent someone a text message, made a sworn affidavit prior to the alleged fix, anything to say when the dots would be bowled and what Sharjeel's signal would be. He didn't.
2. There is no evidence of any payment having been made to Sharjeel Khan for the dot balls. No marked notes. No bank transfers. No record of any payment at all.
3. Astonishingly, there isn't even any evidence to support the assertion on Page 3 that "on 9 February 2017 Cricketer Sharjeel Khan allegedly knowingly met with the Bookie/Fixer YA at a café near the Conrad Hotel". No photos. No videos. No sound recording. No witnesses. Nothing!
So on what evidence have the wicketkeeper, the soldier and the judge convicted this cricketer?
It's all rather simple, according to the PCB report.
On page 14, the report notes that "The Security and Vigilance Department of the PCB had information that the players had been contacted by bookies, they were prone to spot-fixing, and thus were on the radar of PCB".
So what do we have here?
A conviction for an extremely serious offence. Made by a three man panel of which two of them have no legal qualifications.
And made with an extraordinary lack of evidence. There appears to be no evidence whatsoever which was verifiably made before the alleged offence.
1. No evidence of the meeting with the bookie/fixer.
2. No advance evidence of what the timing of the fixes was going to be.
3. No advance evidence of what the signal for the fixes was going to be.
4. No proof of payment for the alleged offences.
The ICC Tribunal for Amir, Asif and Butt contained so much damning evidence that no-one could possibly doubt the fix.
The PCB Tribunal on Page 29 in effect fails to produce any evidence whatsoever to confirm any of the matters listed in points 1 to 4 above.
I presume that Sharjeel Khan will be taking this straight to the Court of Arbitration for Sport.
	
		
		
		
		
		