MELBOURNE - Australian cricket officials will consider ordering Mark Waugh
to co-operate with anti-corruption investigators but hope they can persuade
the Test batsman to do so without resorting to force.
Australian Cricket Board (ACB) officials met with their lawyers in Melbourne
today to seek advice and hoped for an outcome in the next few days.
"I'm very hopeful there can be some dialogue with Mark and we can convince
him he should change his initial position and speak to the ACB investigation
and the ICC (International Cricket Council) investigation," ACB chief
executive Malcolm Speed said today.
But Speed said he had not ruled out ordering Waugh to an interview with ACB
investigator Greg Melick and the ICC's chief investigator Sir Paul Condon.
"That's one of the issues on which we're seeking legal advice - by the end
of today I'll know more about what our position is there," Speed said.
After last year saying he would co-operate with investigators, Waugh issued
a statement through his manager yesterday saying he would "presently
decline" to be interviewed by Melick and Condon on the advice of his
lawyers.
It was believed his legal team may advise him to agree to an interview if
any new evidence gathered by Melick and Condon was presented beforehand so
he could prepare his argument.
Melick and Condon are investigating allegations Waugh accepted more money
than he previously disclosed from illegal Indian bookmaker MK Gupta in
return for Australian team information.
Indian police alleged he had taken $US20,000 ($A36,000) from Gupta in a
report which named a host of former and current Test players.
Former New Zealand captain Martin Crowe also said today he would not talk to
the ICC's anti-corruption unit unless allegations against him were
substantiated.
Sri Lanka's Aravinda de Silva, however, said he was happy to talk.
"I have no problem with that - it's fine," de Silva said after Sri Lanka's
third Test defeat by South Africa overnight.
The ICC said Waugh's position was "disappointing" and said that while no
assumption of guilt could be made, it was hard to deny his back-flip would
create a cloud of suspicion.
Speed said Waugh was entitled to the presumption of innocence but admitted
his refusal to be interviewed may force the ACB's board of directors to make
a decision about his place in the team.
"Our consistent position is that what Mark faces is an unsubstantiated
allegation made in another country," he said.
"Our position has been that until there is something further than that, we
see that Mark is entitled to the presumption of innocence and we see no
reason to change that.
"Whether the fact that he has now refused to meet with the investigators
changes that is one of the issues we're talking to our lawyers about and
ultimately may become an issue for the board of directors."
Waugh's contract with the ACB expires at the end of June, just prior to the
Ashes tour to England, but Speed would not be drawn on the impact of the
current controversy on renewing the contract.
"That's something we'll deal with at the time we consider renewing the
contract," he said.
Between the current one-day series and the Ashes tour, Australia is due to
play in a three-Test tour of India next month, which includes five one-day
matches.
Based on his current form, Waugh would be a certainty to tour India and
probably England.
Asked today if Waugh would consider legal action for wrongful dismissal
against the ACB if he was dropped, Speed said "that's not an issue that has
been raised by his lawyers".
Speed said he had encouraged Waugh to take legal advice but said he was
"disappointed he has gone down the path he has taken".
"I haven't spoken to Mark's lawyers in detail about this. I don't know the
full reason why they've advised Mark the way they have," he said.
Amid the investigations and legal advice, Speed was anxious Waugh, cricket
and the public were all treated fairly.
"This is not a witch hunt to ensure the allegations made by Mr Gupta are
proved correct," he said.
"We want to put in place processes that are as fair as possible but we also
have a duty to the public.
"Our primary concern is to make sure Mark is treated fairly and that the
public interest is dealt with here."