Report into Allegations regarding Mark Waugh
Re: Report into Allegations regarding Mark Waugh by Mukesh Kumar Gupta
1. When providing information to the O'Regan Inquiry1 Mark Waugh indicated that he had not accepted money or knowingly provided information to any other bookmaker other than "John" whom he met in Colombo in 1994.
2. However, the Central Bureau of Investigation of India (CBI) published a report in October 2000 which essentially outlined allegations made by one Mukesh Kumar Gupta (Gupta) which included the following:
a. "MK (John) has also stated that he was introduced to Mark Waugh by Prabhakar during a six-a-side tournament in Hong Kong. Prabhakar has accepted this fact. MK (John) has further stated that he paid a sum of $20,000 to Mark Waugh to provide 'information' about pitch, weather, team strategy, morale etc whenever Australia played."2
b. "Meanwhile, Manoj Prabhakar had also introduced Mark Waugh to MK (John) during a six-a-side cricket tournament in Hong Kong. MK (John) paid a sum of $20,000 in exchange of (for) information regarding team morale, discussions taking place during team meetings, percentage of chances of winning or losing, etc. regarding the Australian team. Manoj Prabhakar was also paid for arranging this meeting."3
3. As a result of the publication of that report I was briefed by the then Chief Executive Officer of the Australian Cricket Board (ACB), Mr Malcolm Speed, to enquire as to whether there was any basis upon which charges should be laid against Mark Waugh for a breach of the Code of Behaviour.
4. The full resources of the ACB were made available to me and I am grateful for the unqualified co-operation and support I have received from all employees of the Board, current and former players and officials throughout Australia and the rest of the cricket world with whom I have dealt in relation to this investigation. I received total support and co-operation from the International Cricket Council's Anti-Corruption Unit (ACU) who also greatly assisted with the co-ordination of many parallel investigations in different jurisdictions. I was also grateful to the many members of the public and press who came forward with information.
5. If Gupta's and Prabhakar's statements are correct Mark Waugh has contravened the Code of Behaviour by giving false information to Mr O'Regan.
6. Mr Gupta first came to notice when Hansie Cronje gave evidence before the King Commission of Inquiry in South Africa. Upon realizing that he had been named, and also because the CBI had made it known that they wished to interview him, Gupta contacted the CBI and outlined his extensive activities in relation to illegal bookmaking on cricket matches throughout the world. Because of the provisions of Section162 of the Indian Code of Criminal Procedure, 1973, Gupta's statements cannot be used in evidence against him because they were not signed by an appropriate person, such as a magistrate. No doubt Gupta was aware of this before making statements because they contain damning evidence against him in relation to taxation and currency offences.
7. Even if Gupta was prepared to give evidence in any hearing involving Mark Waugh, a consideration prior to recommending any proceedings would be whether a reliable corroboration could be found to support his allegations.
8. Prabhakar has made contradictory statements and cannot be regarded as a reliable witness. His version of events is at times at variance with Gupta's and he would be of limited use to corroborate Gupta.
9. Another relevant factor would obviously be any evidence to support Mark Waugh's position although it is often very difficult to prove a negative fact.
10. I therefore made enquiries into, inter alia, the following:
a. Whether it was possible for Gupta to have met Mark Waugh in Hong Kong in 1993?b. Are Gupta and John (being the bookmaker Mark Waugh admitted to taking money from in Colombo in 1994) one and the same person?
c. Whether there was any indication by Mark Waugh as to having received money from bookmakers prior to 1994?
d. Was there was any other evidence to support or contradict either Mark Waugh's or Gupta's assertions?
11. I will deal with some of the areas of inquiry as set out below.
Was it was possible for Gupta to have met Mark Waugh in Hong Kong in 1993?
12. The following players and officials attended the Hong Kong Sixes tournament in 1993:
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Ian Healey Capt, Tony Dodemaide, Matthew Hayden, Damien Martyn, Mark Waugh, Jamie Siddons and Tony Crafter. Several were interviewed and it was clear that there was free and ready access to players and accordingly no impediment to Gupta approaching Mark Waugh at that tournament. However, none of the interviewees were aware of any bookmakers approaching players or could recall having met or seen Gupta although it appears he did attend that tournament.
Are Gupta and John the same person?
13. My enquiries, including an interview with a person who knows the bookmaker known as John and/or Pinky, revealed that John and Gupta were not the same person. I note that Gupta was also sometimes known as John but when I refer to "John" in this report I am referring to the bookmaker who contacted Mark Waugh and Shane Warne in Colombo during the 1994 Singer Trophy series.
Previous indications by Mark Waugh (if any).
14. Many players and officials were interviewed and all (apart from those involved with the investigation and resolution of the Colombo incident) were adamant that they had not heard anything (including dressing room banter) about any Australian player or official taking money from bookmakers prior to the publicity in 1998 relating to Mark Waugh and Shane Warne. One player indicated that the press had contacted him prior to that announcement as to what he knew about the incident, but he had no idea and could not assist them.
Was there was any other evidence to support or contradict either Mark Waugh's or Gupta's assertions?
15. I have liaised extensively with the ACU and investigators appointed by cricket boards of other nations. Apart from the matters mentioned above no other evidence relative to the allegations involving Mark Waugh has been forthcoming despite the fact that some of Gupta's allegations relating to Indian players have been corroborated.
Mark Waugh Interview
16. Mark Waugh was interviewed by me on the 10 Feb, 2001. His barrister and instructing solicitor were present as were also Martin Hawkins and Alan Peacock from the ACU.
17. Mark Waugh denied ever having met a bookmaker in Hong Kong in 1993 and ever accepting money from anybody other than John for information. He confirmed that Gupta and John are not the same person and denied ever having met Gupta.
Gupta's Availability/Willingness to Give Evidence.
18. Although Gupta was involved in bookmaking with turnovers of many millions he was not the biggest participant in illegal bookmaking on the sub-continent and there is currently no evidence to suggest that he was part of any organized crime group.
19. He apparently now regrets coming forward and making statements.
20. Though he has spoken to investigators from the ACU, albeit briefly and without allowing himself to be properly questioned, he has not responded to Lord Condon's "self-executing" letter of 16 May 20014 and has stated through his lawyers he is not prepared to give evidence.
Conclusion
I have been unable to find any evidence to corroborate Gupta's allegations against Mark Waugh (subject to the Prabhakar caveat mentioned above) and Gupta is not prepared to give evidence and be cross-examined about his allegations.
Mark Waugh has consistently denied the allegations and there is no basis upon which I could recommend any charges.
A G Melick, SC
23 July 2001
1. Player Conduct Enquiry conducted by Mr Rob O'Regan AM, QC, 1999.
2. Report on Cricket match Fixing and Related Malpractices of October 2000 p. 133.
3. Report on Cricket match Fixing and Related Malpractices of October 2000 p. 20-21.
4. In that letter dated 16 May 2001, Sir Paul Condon wrote to Gupta indicating, inter alia, that if he failed to reply by 01 July 2001 it would be assumed that Gupta did not wish to assist any further with his allegations.
© 2001 Australian Cricket Board
| Teams | Australia. |
| Players/Umpires | Mark Waugh. |
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