Legal hurdles come in between tapes and King Commission

King Commission chief prosecutor Shamila Batohi and her assistant investigator, Inspector Geoff Edwards, held discussions with Delhi Police in New Delhi on Tuesday. The discussions were based on the evidence collected by both the parties in the match-fixing scandal.

The commission is facing legal problems relating to the tapes recorded by the Delhi Police during the match-fixing probe. According to Srivatstava, "since it is a criminal case, the court's permission has to be obtained before the evidence (tapes) is handed over.''

Sources close to the crime branch told AFP that ``yesterday's meeting was just protocol but today and tomorrow we will get to the nitty gritty of the business as we also want voice samples of Cronje and other evidence from Batohi.'' The sources also added that "the evidence from South Africa has to come through authenticated legal sources for us to use them as evidence in court."

Meanwhile, NNI news agency sources reported that Batohi and Edwards might go to Pakistan next week to meet Pakistan Cricket Board (PCB) officials, Justice Qayyum, who headed the judicial inquiry commission and players Rashid Latif and Saleem Malik.

Batohi, accompanied by Edwards, met the Delhi Police Commissioner Ajai Raj Sharma who was assisted by Joint Commissioner KK Paul and DCP PK Srivastava. During the course of the meeting, Batohi made a formal request for the tapes which has conversations between former South African captain Hansie Cronje and alleged bookie Sanjay Chawla.

On Monday, talking to the reporters after an hour long meeting with officials, Batohi said "We are looking into the legality of handing over the tapes to the King Commission." She however termed the meeting as "very positive, very good and very encouraging." The meeting would go a long way said Batohi adding that she hoped the legal hurdles would be sorted out.

KK Paul said the request of voiced tapes available with Delhi Police for use in King Commission was being examined "as there were legal hurdles." He also said that the Delhi Police has sought Batohi's assistance in securing voice samples of Cronje and South African bookmaker Hamid `Banjo' Cassim. "We have reiterated our request pending with the South African authorities for expeditious action of providing voice samples of Cronje and Hameed Cassim," said Paul.

As the tapes were part of the case, Paul said that "the police could not, in any way, commit themselves to providing the tapes of the conversation as they were case property and there was a set procedure involved in getting them." Paul added "I can't move the court on their behalf," thus removing any inhibitions about the Delhi police seeking the court's permission to hand over the tapes to the commission.

Paul said the Delhi crime branch was contemplating of using the depositions made by Cronje and others at the King Commission as a form of corroborative or supportive evidence for their own investigations. Paul said "We are thinking about how to use their evidence and modalities are being worked out for the use by Delhi Police in its case."

On Cronje's extradition, Paul said it was too early to discuss on this issue. "You cannot talk of reaching any conclusion on the basis of the meeting today as it was just a preliminary meet. They are here for four days and we may find out more," Paul said.

Batohi and her colleague will be in the city for four more days. She is expected to have another further sitting with the police officials and plans to meet CBI officials, some players and alleged bookies during her stay.