What you need to know about the Cairns perjury trial
Background to the Chris Cairns perjury case and what to expect over the coming weeks
Nagraj Gollapudi
04-Oct-2015
Chris Cairns will stand trial at Southwark Crown Court • PA Photos
Former New Zealand allrounder Chris Cairns will appear in a criminal trial at London's Southwark Crown Court, starting on Monday. Cairns has been charged with lying under oath during his 2012 libel case against former IPL chairman Lalit Modi and, if found guilty, could be imprisoned for a maximum of seven years. A number of high-profile witnesses including some of Cairns' former New Zealand team-mates are scheduled to give evidence.
The following explainer sets out what you need to know about the trial.
What is the case about?
The case is being brought by the Crown Prosecution Service (CPS) in the UK, arising out of what it believes to be criminal acts committed by Chris Cairns and his former lawyer Andrew Fitch-Holland during the 2012 libel case against former IPL chairman Lalit Modi. Cairns has been charged with perjury - effectively lying in court - and Fitch-Holland with conspiracy to pervert the course of justice.
The case is being brought by the Crown Prosecution Service (CPS) in the UK, arising out of what it believes to be criminal acts committed by Chris Cairns and his former lawyer Andrew Fitch-Holland during the 2012 libel case against former IPL chairman Lalit Modi. Cairns has been charged with perjury - effectively lying in court - and Fitch-Holland with conspiracy to pervert the course of justice.
Cairns has been charged under the UK Perjury Act. The CPS alleged that Cairns wilfully made a statement in the legal proceedings against Modi, "which you knew to be false or did not believe to be true namely that you never, ever cheated at cricket and nor would you contemplate doing such a thing".
What happened in the 2012 libel case?
Cairns sued Modi in the UK's first Twitter libel case over a defamatory tweet sent in January 2010. Modi had alleged Cairns' involvement in match-fixing but High Court judge David Bean said his team had "singularly failed" to prove the case.
Cairns sued Modi in the UK's first Twitter libel case over a defamatory tweet sent in January 2010. Modi had alleged Cairns' involvement in match-fixing but High Court judge David Bean said his team had "singularly failed" to prove the case.
Why is the CPS pressing this charge?
During lengthy anti-corruption investigations by New Zealand Cricket, the ICC's watchdog ACSU, the ECB and the ICC, certain players reportedly gave evidence against Cairns. That evidence was also presented to the Metropolitan Police in London. On review the Met Police referred the case to the CPS, which evaluated the evidence and determined there was enough to press charges involving perjury.
During lengthy anti-corruption investigations by New Zealand Cricket, the ICC's watchdog ACSU, the ECB and the ICC, certain players reportedly gave evidence against Cairns. That evidence was also presented to the Metropolitan Police in London. On review the Met Police referred the case to the CPS, which evaluated the evidence and determined there was enough to press charges involving perjury.
What happens if Cairns is found guilty?
When Cairns gave evidence in the civil trial against Modi in 2012 he signed a statement of truth where he agreed to be bound by the obligations of the UK Perjury Act. A breach or deliberate contravention of that Act can trigger criminal sanction. If found guilty following the criminal trial, Cairns' sentence could include a jail term of up to seven years.
When Cairns gave evidence in the civil trial against Modi in 2012 he signed a statement of truth where he agreed to be bound by the obligations of the UK Perjury Act. A breach or deliberate contravention of that Act can trigger criminal sanction. If found guilty following the criminal trial, Cairns' sentence could include a jail term of up to seven years.
Who are the others involved in this case?
Other than Cairns, the CPS has also brought a charge against Fitch-Holland. He was Cairns' legal advisor prior to the 2012 libel trial. Fitch-Holland is charged with asking Lou Vincent, the former New Zealand batsman banned for life last year after admitting his involvement in fixing, to provide a false witness statement in support of Cairns.
Other than Cairns, the CPS has also brought a charge against Fitch-Holland. He was Cairns' legal advisor prior to the 2012 libel trial. Fitch-Holland is charged with asking Lou Vincent, the former New Zealand batsman banned for life last year after admitting his involvement in fixing, to provide a false witness statement in support of Cairns.
Will Modi be part of the CPS trial or stand as witness?
Modi will not be directly part of this trial. But he has pressed a separate civil claims case against Cairns, listed with the High Court in London. That case has been stayed pending the outcome of the CPS trial. Modi has claimed repayment to tune of £2.4m from Cairns. That amount includes the damages of £90,000 Cairns won in 2012 and around £1.5m that Modi was ordered to pay towards legal costs.
Modi will not be directly part of this trial. But he has pressed a separate civil claims case against Cairns, listed with the High Court in London. That case has been stayed pending the outcome of the CPS trial. Modi has claimed repayment to tune of £2.4m from Cairns. That amount includes the damages of £90,000 Cairns won in 2012 and around £1.5m that Modi was ordered to pay towards legal costs.
Who are likely to be the star witnesses?
Brendon McCullum, the current New Zealand captain, will be the most high-profile witness to give evidence. Others expected to appear include Vincent, former New Zealand players Stephen Fleming, Shane Bond and Andre Adams, and New Zealand Cricket chief executive David White.
Brendon McCullum, the current New Zealand captain, will be the most high-profile witness to give evidence. Others expected to appear include Vincent, former New Zealand players Stephen Fleming, Shane Bond and Andre Adams, and New Zealand Cricket chief executive David White.
What will happen next week?
The jury will be empanelled by the court on Monday. A timetable will be fixed by the court including going through the witness list produced by both the prosecution and the defence. The cross-examination of witnesses will start on October 12 and the trial could last four weeks or more.
The jury will be empanelled by the court on Monday. A timetable will be fixed by the court including going through the witness list produced by both the prosecution and the defence. The cross-examination of witnesses will start on October 12 and the trial could last four weeks or more.
Nagraj Gollapudi is an assistant editor at ESPNcricinfo