BPL Corruption

[simon]

Roman bhaie eshob ki rumeur choran

Posted via BC Mobile Edition (Android)

[Zunaid]

January 22, 2014
Press Release

Opening argument on behalf of the prosecution continued today. The tribunal has fixed tomorrow 23rd January at 10.30 am for examination of witnesses.
Mr. Jonathan Taylor on behalf of the prosecution placed a news report published in Daily Independent and submits that it amounts of intimidation of witnesses whose testimony the tribunal is going to hear and he asks for an appropriate order from the Tribunal.
The Publication of day to day proceeding in the newspaper violates the confidentiality of Tribunal proceedings in public. All concerned and all media persons are requested to maintain confidentiality of the proceeding of the Tribunal not disseminating any confidential matter in public.

[Zunaid]

Which article of the Independent?

[Zunaid]

Originally Posted by Zunaid
Which article of the Independent?

I guess this one:

Tribunal discusses preliminary objections raised by defendant

The independent actually named names.

[Fazal]

I am confused.

Is Dr. Z is having a conversation with himself? or there are two Zunaids.

[Zunaid]

Guilty: Shihab Chowdhury in trying to fix the Chittagong match.

Others, not guilty

Breaking news from Tribunal.

[Navo]

Originally Posted by Zunaid
Guilty: Shihab Chowdhury in trying to fix the Chittagong match.

Others, not guilty

Breaking news from Tribunal.

What is his punishment??

[Zunaid]

Press Release



The Tribunal resumed today to give its determination on the guilt or otherwise of the contesting defendants.

In the meantime, the Tribunal have received two rounds of written submissions and convened on 23rd February to hear oral submission from the counsel of the contesting defendants.

After careful and detailed deliberation and consideration of the evidence, the Tribunal has today published its conclusion and orders in respect of its determination.

With the consent of the representatives of each of the parties before the Tribunal, following excerpts of the Tribunal’s determination is being made available to the media:

“Having considered the evidence against each of the Contesting Defendants separately, the Tribunal’s determination in respect of each of them is as follows:



As against Shihab Jishan Chowdury:

(1) Art. 2.1.1 charge for being a party to an effort to fix the Chittagong match: Guilty



(2) Art. 2.1.1 charge for being a party to an effort to fix the Barisal match: Not Guilty



(3) Art. 2.1.4 charge for soliciting Cobb, Stevens, Pont and Tolchard to help fix Friends Life T20 matches: No jurisdiction and Not Guilty





Against Salim Chowdury:

(1) Art. 2.1.1 charge for being a party to an effort to fix the Chittagong match: Not Guilty



(2) Art. 2.1.1 charge for being a party to an effort to fix aspects of the Khulna match: Not Guilty



(3) Art. 2.1.1 charge for being a party to an effort to fix the Barisal match: Not Guilty



(4) Art. 2.1.4 / 2.5.2 charge for covering up his son’s solicitation of Cobb, Stevens, Pont and Tolchard to help fix Friends Life T20 matches: No jurisdiction and Not Guilty





Against Gaurav Rawat:

(1) Art. 2.1.1 charge for being a party to an effort to fix the Chittagong match: Not Guilty



(2) Art. 2.1.4 charge for being a party to an effort to fix aspects of the Chittagong match: Not Guilty



(3) Art. 2.1.1 charge for being a party to an effort to fix an aspect of the Khulna match: Not Guilty



(4) Art. 2.1.1 charge for being a party to an effort to fix the Barisal match: Not Guilty



(5) Art. 2.1.4 charge for being a party to an effort to fix an aspect of the Barisal match: Not Guilty



Against Mohammad Rafique:

(1) Art. 2.1.4 charge in relation to the Chittagong match: Not Guilty



(2) Art. 2.1.4 charge in relation to the Barisal match: Not Guilty



(3) Art. 2.1.1 charge in relation to the Barisal match: Not Guilty



Against Mosharaff Hossain (Rubel):

(1) Art. 2.1.1 charge for being a party to an effort to fix the Chittagong match: Not Guilty



(2) Art. 2.1.1 charge for being a party to an effort to fix the Barisal match: Not Guilty



Against Mahbubul Alam (Robin):

(1) Art. 2.1.1 charge for being a party to an effort to fix the Chittagong match: Not Guilty



(2) Art. 2.1.1 charge for being a party to an effort to fix the Barisal match: Not Guilty



Against Darren Stevens:

(1) Art. 2.4.2 charge for failing to report JC’s approach to him on 2 February 2013 to help fix the Chittagong match: Not Guilty



(2) Art. 2.4.2 charge for failing to report JC’s approach to him in April or May 2013 to help fix 2013 Friends Life T20 matches: No jurisdiction and Not Guilty.”





Accordingly the Tribunal, amongst others, ordered as follows:

“Shihab Jishan Chowdhury having been found guilty of the Art. 2.1.1 charge against him for being a party to an effort to fix the Chittagong match shall attend before the Tribunal on a date to be fixed for the hearing on sanctions and costs either in person or with his legal representative. In the event that he fails to attend or is not represented, the Tribunal shall proceed with the hearing in his absence.

Each of the Defendant Nos. 2, 3, 4, 5, 6, 7 and 8 are discharged in respect of the charges on which they have been found to be not guilty.

The Provisional Suspension imposed upon each of Mosharraf Hossain Rubel and Mahbubul Alam Robin is lifted with immediate effect.”

The Tribunal expects to give its full reasons for the aforesaid determination within a few days, hopefully within the next two weeks.

The hearing of the sanction and cost is adjourned to a date to be fixed after two weeks from the date for delivery of the full reasons of the judgment of the tribunal.

[al Furqaan]

What happend to the Ash??

[Zunaid]

Originally Posted by al Furqaan
What happend to the Ash??

As quoted from the CI report:

Bangladesh batsman Mohammad Ashraful had earlier confessed to being involved in corruption in the BPL, as did one other player, who is yet to be named.

The quantum of punishment for Shihab, Ashraful and the other player will be pronounced at a later date.

[Fazal]

So almost every is not guily except for Shihab Jishan Chowdury? Bechara Ashraful, kenoi jee jeche pore shikaar korlo?

However everything looks good for Ashraful, may be 1 year max (or less).

So fasten your seatbelf folks, he will be back in the team before Worldcup next year.

[t20lover]

What a dumb guy cried in front of media and confessed. Now Robin, Rubel may be laughing at him.

[cricheart]

Court should seize money & license to business of Shihab Trading first and then give jail sentence to this corrupt DG owner.

[Navo]

The Code says that those players found guilty of participating in match-fixing, as compared to not reporting an approach, should be banned for 5 years to Life.

Now, though Ashraful admitted his guilt to a number of offenses dating as far back as 2004, I anticipate that there are certain legal arguments his defense counsel would have submitted to try to reduce his sentence: (a) The court has no jurisdiction to hear the charges against him as most of the matches are beyond their terms of reference (NB this argument was successful with regard to the Friends Life T20 games in England, mentioned in the press release); (b) That the acts alleged do not amount to fixing at all; (c) Ashraful's statement does not amount to a confession, given the circumstances he made the statement in, and that he is entitled to a full hearing as a result; (d) Mitigate his responsibility in each of the fixing incidents by adducing factors like his youth, personal circumstances, etc. This arguments will turn on the facts of each incident.

So on & So forth. Let's see what happens. In any case, Barrister Ajmalul Hossain QC is possibly the best person that could have been obtained in Bangladesh for such a Tribunal as he's served in similar tribunals for the ICC in the past. In fact, he's a Member of the ICC's Code of Conduct Commission.

[Zunaid]

Navo - as our resident legal expert, a question for you. How much legal teeth do the code of conduct actually have. What are the punitive measures that can be meted out by the tribunal? I assume banning from playin under the board aegis and perhaps sue for costs?

[cricman]

Ashraful should have known power lies in Strength & Numbers

Prisoners Dilemma, Ashraful was never known for his intellect.

[Navo]

Originally Posted by Zunaid
Navo - as our resident legal expert, a question for you. How much legal teeth do the code of conduct actually have. What are the punitive measures that can be meted out by the tribunal? I assume banning from playin under the board aegis and perhaps sue for costs?

I'll be able to better answer this question in a couple of days when I return to Dhaka and can potentially gain access to the BCB's Anti-Corruption Code. However, assuming that it's in line with the ICC's Anti-Corruption Code, as I believe it is, the Tribunal can, under Article 6.2 of the Code ban a player from playing, for 6 months, for the least serious offences, to a lifetime, for the most serious offences. In addition, they can levy a fine of up to a maximum of the value of any Reward received by the Participant directly or indirectly, out of, in relation to, the offence committed under the Anti-Corruption Code. The extent of the sanctions are decided by a long-list of aggravating and mitigating factors, which I can post separately if you like.

So, there is scope for sanctions but they're not the sort of punitive measures a court could hand down.

What you might ask is: can Ashraful be put in jail like Salman Butt, Muhammad Amir & Co? That's debatable. Firstly, because the offence of 'fixing' does not exist under our archaic Penal Code, serious questions might arise about whether the more generic offence of 'cheating' suffices to prosecute a crime of this nature. Secondly, there is more than one legal fora in which this case might be settled - the ICC-mandated Tribunal, a local court or even through our Anti-Corruption Commission. Its good practice not to have multiple proceedings on the same/very similar legal issue as it threatens to breach a very basic legal maxim: res judiciata i.e. judging something that has already been judged. So, despite the quasi-judicial nature of these proceedings, I doubt that a local court will order for his arrest upon the completion of these proceedings. (It's important to remember that Butt and Amir's case was ultimately decided by a British Court not an ICC-mandated ECB Tribunal.)

[Zunaid]

Under what legal cover can the tribunal even levy a fine? How can non payment be enforced? Suit through a civil court? Have the players signed anything that says they agree to accept the punitive measures meted out by the tribunal. The only enforceable punitive measure I are is banning from BCB sanctioned matches and events.

PS: Does Bangladesh's legal system even pay lip service to double jeopardy?

PPS: If I think I know where you are, leave now. You are too close to Crimea.

[Zunaid]

BCB to appeal against corruption tribunal's clean chit

Mohammad Isam
April 9, 2014

The BCB has decided not to involve in the National Cricket League Dhaka Gladiators' Mosharraf Hossain and Mahbubul Alam as it plans to appeal against the Bangladesh Premier League corruption tribunal's decision to hand the two a clean chit. The duo were among the nine cricketers accused of match-fixing in the second edition of the BPL.

"The board is planning to appeal," Jalal Yunus, the BCB media committee chairman, told Dhaka Tribune. "It might happen in a day or two. They won't be able to play the national league for that."

more

[Navo]

Originally Posted by Zunaid
Under what legal cover can the tribunal even levy a fine? How can non payment be enforced? Suit through a civil court? Have the players signed anything that says they agree to accept the punitive measures meted out by the tribunal. The only enforceable punitive measure I are is banning from BCB sanctioned matches and events.

PS: Does Bangladesh's legal system even pay lip service to double jeopardy?

PPS: If I think I know where you are, leave now. You are too close to Crimea.

Damn, I forgot to answer this. I'll respond soon. Fortunately, I was in Dhaka at the time of writing, so not affected by the Russian intervention :p

[Rana Melb]

Dhaka gladiators will not participate BPL in future.

[staafros2]

Corruption still seems to be a big problem in Bangladesh unfortunately...

[Fazal]

What corruption? These was no corruption. Bechara shudhu Ashrafulk nigeer bhule dhora khailo... he blinked the eyes too early.. auti chalaker golayee dori.

[bujhee kom]

These corrupt fools must be tried, punished beyond belief, castrated if possible and then released back into the society!

Ohh before I forget...don't forget to ask...where is the money??? where are they hiding the money??

[Zunaid]

BPL tribunal verdict set for June 8
Mohammad Isam
June 8, 2014

The BPL tribunal will deliver the detailed judgement to all concerned parties in an email on Sunday, according to the convener of the three-member panel. The BCB, ICC and the accused will receive the documents in the afternoon.

The sanction judgement, when those found guilty get a chance to appeal their sentences, will take place in mid-June, after which the judgements are expected to be made public.

more