Match-fixing threat needs attention - sports lawyer

A sports lawyer backs former Indian cricket captain Rahul Dravid, who this week called for a toughening of match-fixing laws.

As New Zealand continues to import more professional players and attract more high-profile international events to our shores – the 2015 Cricket World Cup being the latest – our exposure to match fixing has increased, Wellington lawyer Hamish McIntosh says.

The partner at Russell McVeagh, the official law firm of the Rugby World Cup 2011, says without laws to provide a deterrent New Zealand is wide open to the risk of a a match-fixing scandal that could harm our sports brands and international business reputation.

Mr Dravid wants to see making match fixing and spot fixing made a criminal offence, the only effective deterrent to potential fixers.

"I don't think only education can work. We have to police it and have the right laws and ensure that people, when they indulge in these kind of activities, are actually punished," Mr Dravid was reported saying on cricket website Cricinfo.

His comments follow the embarrassment in his country as the 2013 Indian Premier League betting and spot fixing scandal hits the courts.

The controversy unfolded in May 16 when Delhi Police arrested three Rajasthan Royals players – Sreesanth, Ajit Chandila and Ankeet Chavan – soon after their match in Mumbai for alleged spot fixing. Eleven bookies were also arrested.

Spot fixing is when a specific part of the game is fixed, but not the result.

Why is New Zealand at risk?
Australasian markets are more at risk of match fixing because New Zealand's top sports people are underpaid compared to their global peers. That means they could be tempted to the influence of money, Mr McIntosh says.

And New Zealand attracts less scrutiny from authorities. “We have a strong international reputation for being and honest, and perhaps slightly naive country, so match fixing wouldn’t be suspected."

Because sport contributes about $5.2 billion to the national economy, the implications of a match-fixing scandal would be significant, he says.

“It could massively harm our major sporting brands, such as the All Blacks, and our America's Cup team.

“If rugby, our national sport, was tarnished by a match-fixing scandal, the financial and social impact would be devastating – think of the fallout for the Tour de France caused by the doping scandal.

“And it could seriously harm the TAB, which in turn would affect our national sporting organisations who rely heavily on TAB revenue to fund their sports.”

If sports fans lose faith it could mean corporate sponsors – vital to the existence of many teams – and broadcasters are less likely to maintain their support.

“It would inevitably compromise our strong international business reputation as a non-corrupt country,” Mr McIntosh says.

And that is not to mention the reputational damage for the sports players themselves if accusations of match fixing were made against them.

Former New Zealand captain Chris Cairns took his fight over match-fixing allegations all the way to a London, where he successfully sued former IPL boss Lalit Modi for his tweet saying the Kiwi was a match fixer.

Mr Cairns was awarded £90,000 in damages.

What is match-fixing?
As defined by Australia’s National Policy on match fixing in sport:

“Match-fixing involves the manipulation of an outcome or contingency by competitors, teams, sports agents, support staff, referees and officials and venue staff. Such conduct includes:

• The deliberate fixing of the result of a context, or of an occurrence within the contest, or of a points spread.
• Deliberate under-performance.
• Withdrawal (tanking).
• An official’s deliberate misapplication of the rules of the contest.
• Interference with the play or playing surfaces by venue staff.
• Abuse of insider information to support a bet placed by any of the above or placed by a gambler who has recruited such people to manipulate an outcome or contingency."

What are our legal protections?
Mr McIntosh says New Zealand has no laws aimed at match-fixing specifically.

National sporting organisations instead rely on their own code of conducts that players, coaches and officials have to abide by.

But these are not a complete sanction for match fixing for financial gain – which can involve third parties.

What steps do we need to take?
Mr McIntosh recommends there are three obvious steps New Zealand could take to help shut the door on a match-fixing threat.

1. Establish a sports integrity unit to act as a policy advisory board working alongside Sport New Zealand, the police, the TAB and other sporting organisations to develop laws, gather intelligence and work with similar units overseas.

2. Make match-fixing laws: New Zealand could look across the Tasman where Australia is leading the way with specific match-fixing legislation after the South Australian and Victorian governments have this year introduced Bills criminalising match fixing, with some offences carrying jail terms of up to 10 years.

Here, government proposals to fight international and domestic organised crime networks could be broadened to incorporate match-fixing legislation.

3. Commission a report into New Zealand-linked match fixing to identify the risks.

“Each recommendation is quite distinct, and they require separate bodies to implement them. Nor are any of them especially expensive, so there is nothing stopping them being worked on simultaneously.”

Russell McVeagh was the official law firm of the America's Cup in 2003 and the Rugby World Cup 2011. It has advised Team NZ and represented athletes in front of international judicial panels and on high-profile New Zealand sporting inquiries.

The firm wants to raise awareness of the harm a major match-fixing scandal could pose, Mr McIntosh says.

gbond@nbr.co.nz