Chris Cairns wins £90,000 over fix claims

 

Former New Zealand cricket captain Chris Cairns won £90,000 libel damages today over an accusation of match-fixing which he said turned his achievements to "dust".

The 41-year-old, who notched up the rare double of 200 wickets and 3,000 runs in his 62 Tests, had sued Lalit Modi, ex-chairman of Twenty20 franchise the Indian Premier League (IPL), over an "unequivocal allegation" on Twitter in January 2010.

He was not at London's High Court for the ruling by Mr Justice Bean, who heard the case without a jury.

The judge said that Modi had "singularly failed" to provide any reliable evidence that Cairns was involved in match-fixing or spot- fixing, or even that there were strong grounds for suspicion that he was.

He said: "It is obvious that an allegation that a professional cricketer is a match-fixer goes to the core attributes of his personality and, if true, entirely destroys his reputation for integrity.

"The allegation is not as serious as one of involvement in terrorism or sexual offences (to take two examples from recent cases). But it is otherwise as serious an allegation as anyone could make against a professional sportsman."

The judge heard that Modi's tweet was picked up by cricket website Cricinfo.

When Cairns complained, Cricinfo withdrew its report, paid damages and apologised - but Modi declined to apologise and pleaded justification, maintaining that the charge was true.

Cairns's case was that it was "wholly untrue" and a very grave libel which could destroy all he had achieved over a distinguished 20-year career.

In evidence, he said: "The defendant's allegations have also had a profound effect on my personal and private life.

"It put a strain on my marriage. It hurts that my wife may think that I am not the man she thought I was.

"It hurts me too that friends, many of whom are former cricketing foes, will question my integrity as a man and a sportsman and that all I achieved in the great game of cricket is dust."

In 2007 and 2008, Cairns captained the Chandigarh Lions in three competitions in the Indian Cricket League (ICL), which flourished briefly before the ascendancy of the IPL.

The allegation made by Modi related to the second and third of these competitions, between March and April 2008 and October and November that year.

Later, Cairns said in a statement: "Today's verdict lifts a dark cloud that has been over me for the past two years. I feel mixed emotions.

"Firstly, sadness that I should ever have had to put myself, my friends and my family through this because of one man's misdirected allegations.

"But I also feel great joy because my past career has come through unscathed and remains intact and because I had the courage to stand up in the highest court to defend my name."

He added: "Lastly, I feel great relief that I am able to walk into any cricket ground in the world with my head held high."

The judge granted Modi permission to appeal over the amount of damages but refused permission on the question of liability, although Modi's lawyers are set to pursue that application with the Court of Appeal direct.

He also ordered Modi to pay £400,000 on account of costs to Cairns' solicitors within 28 days.

In his ruling, the judge said a claim by Modi's lawyers that the case was an example of libel tourism was misguided, as Cairns went to school in England, as did his children, and he played county cricket for seven seasons.

Also, Modi - who was not called to give evidence during the eight-day trial - had been resident in England since mid-2010.

He rejected a claim by Ronald Thwaites QC, for Modi, that Cairns had given "incredible evidence" on a number of points.

"Despite prolonged, searching and occasionally intrusive questioning about his sporting, financial and personal life, he emerged essentially unscathed."

He said evidence given by cricketers Gaurav Gupta, Rajesh Sharma and Tejinder Pal Singh was not to be believed and hearsay evidence from Amit Uniyal and Love Ablish was inconsistent and unreliable, while that of Karanveer Singh fell well short of sustaining Modi's case.

"Even if I were applying a simple balance of probabilities test, the plea of justification would fail in both respects."

The judge said Modi's lawyers had launched a "sustained and aggressive" attack on Cairns, which must be taken to have been made on his instructions.

In Mr Thwaites's closing speech to the court, the words "liar", "lie" and "lies" were used 24 times.

To reflect that, said the judge, he had increased the damages by about 20%, from a starting point of £75,000 to £90,000.

PA

News
Susan Sarandon described David Bowie as
peopleSusan Sarandon reveals more on her David Bowie romance
Sport
Arsenal supporters gather for a recent ‘fan party’ in New Jersey
football
Sport
sportDidier Drogba returns to Chelsea on one-year deal
Arts and Entertainment
The Secret Cinema performance of Back to the Future has been cancelled again
film
PROMOTED VIDEO
Have you tried new the Independent Digital Edition apps?
News
ebookA unique anthology of reporting and analysis of a crucial period of history
Life and Style
Balmain's autumn/winter 2014 campaign, shot by Mario Sorrenti and featuring Binx Walton, Cara Delevingne, Jourdan Dunn, Ysaunny Brito, Issa Lish and Kayla Scott
fashionHow Olivier Rousteing is revitalising the house of Balmain
News
people
Arts and Entertainment
Christian Grey cradles Ana in the Fifty Shades of Grey film
filmFifty Shades of Grey trailer provokes moral outrage in US
News
BBC broadcaster and presenter Evan Davis, who will be taking over from Jeremy Paxman on Newsnight
peopleForget Paxman - what will Evan Davis be like on Newsnight?
Life and Style
fashionCustomer complained about the visibly protruding ribs
Voices
The new dawn heralded by George Osborne has yet to rise
voicesJames Moore: As the Tories rub their hands together, the average voter will be asking why they're not getting a piece of the action
Sport
Dejan Lovren celebrates scoring for Southampton although the goal was later credited to Adam Lallana
sport
News
newsComedy club forced to apologise as maggots eating a dead pigeon fall out of air-conditioning
Arts and Entertainment
Jo Brand says she's mellowed a lot
tvJo Brand says shows encourage people to laugh at the vulnerable
Life and Style
People may feel that they're procrastinating by watching TV in the evening
life
Independent
Travel Shop
the manor
Up to 70% off luxury travel
on city breaks Find out more
santorini
Up to 70% off luxury travel
on chic beach resorts Find out more
sardina foodie
Up to 70% off luxury travel
on country retreats Find out more
Have you tried new the Independent Digital Edition apps?
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs Media

Data Scientist

competitive: Progressive Recruitment: A data analytics are currently looking t...

Web / Digital Analyst - SiteCatalyst or Google Analytics

competitive: Progressive Recruitment: My client who are a leading publisher in...

Campaign Manager

competitive: Progressive Recruitment: A leading marketing agency is currently ...

BI Analyst

competitive: Progressive Recruitment: A leading marketing agency in Central Lo...

Day In a Page

Evan Davis: The BBC’s wolf in sheep’s clothing to take over at Newsnight

The BBC’s wolf in sheep’s clothing

What will Evan Davis be like on Newsnight?
Finding the names for America’s shame: What happens to the immigrants crossing the US-Mexico border without documents who never make it past the Arizona desert?

Finding the names for America’s shame

The immigrants crossing the US-Mexico border without documents who never make it past the Arizona desert
Inside a church for Born Again Christians: Speaking to God in a Manchester multiplex

Inside a church for Born Again Christians

As Britain's Anglican church struggles to establish its modern identity, one branch of Christianity is booming
Rihanna, Kim Kardashian and me: How Olivier Rousteing is revitalising the house of Balmain

Olivier Rousteing is revitalising the house of Balmain

Parisian couturier Pierre Balmain made his name dressing the mid-century jet set. Today, Olivier Rousteing – heir to the house Pierre built – is celebrating their 21st-century equivalents. The result? Nothing short of Balmania
Cancer, cardiac arrest, HIV and homelessness - and he's only 39

Incredible survival story of David Tovey

Tovey went from cooking for the Queen to rifling through bins for his supper. His is a startling story of endurance against the odds – and of a social safety net failing at every turn
Backhanders, bribery and abuses of power have soared in China as economy surges

Bribery and abuses of power soar in China

The bribery is fuelled by the surge in China's economy but the rules of corruption are subtle and unspoken, finds Evan Osnos, as he learns the dark arts from a master
Commonwealth Games 2014: Highland terriers stole the show at the opening ceremony

Highland terriers steal the show at opening ceremony

Gillian Orr explores why a dog loved by film stars and presidents is finally having its day
German art world rocked as artists use renowned fat sculpture to distil schnapps

Brewing the fat from artwork angers widow of sculptor

Part of Joseph Beuys' 1982 sculpture 'Fettecke' used to distil schnapps
BBC's The Secret History of Our Streets reveals a fascinating window into Britain's past

BBC takes viewers back down memory lane

The Secret History of Our Streets, which returns with three films looking at Scottish streets, is the inverse of Benefits Street - delivering warmth instead of cynicism
Joe, film review: Nicolas Cage delivers an astonishing performance in low budget drama

Nicolas Cage shines in low-budget drama Joe

Cage plays an ex-con in David Gordon Green's independent drama, which has been adapted from a novel by Larry Brown
How to make your own gourmet ice lollies, granitas, slushy cocktails and frozen yoghurt

Make your own ice lollies and frozen yoghurt

Think outside the cool box for this summer's tempting frozen treats
Ford Fiesta is UK's most popular car of all-time, with sales topping 4.1 million since 1976

Fiesta is UK's most popular car of all-time

Sales have topped 4.1 million since 1976. To celebrate this milestone, four Independent writers recall their Fiestas with pride
10 best reed diffusers

Heaven scent: 10 best reed diffusers

Keep your rooms smelling summery and fresh with one of these subtle but distinctive home fragrances that’ll last you months
Commonwealth Games 2014: Female boxers set to compete for first time

Female boxers set to compete at Commonwealth Games for first time

There’s no favourites and with no headguards anything could happen
Five things we’ve learned so far about Manchester United under Louis van Gaal

Five things we’ve learned so far about United under Van Gaal

It’s impossible to avoid the impression that the Dutch manager is playing to the gallery a little