Long delay likely in Cairns trial

Chris Cairns leaves Southwark Crown Court where he faces a perjury charge linked to a libel action he brought in the UK in 2012. Photo / AP

The perjury trial of former New Zealand cricket captain Chris Cairns may not be heard until October next year, in order to allow international cricketers to give evidence, a British court heard late last night.

The all-rounder's case is likely to be sent to London's High Court, where Cairns is accused of lying in a libel trial against Indian Premier League founder Dr Lalit Modi.
Last night, the 44-year-old appeared at Southwark Crown Court facing one count of perverting the course of justice alongside his former barrister Andrew Fitch-Holland.
Cairns is accused of lying during his written testimony in the libel action when he said he had "never cheated at cricket and would never contemplate doing so".

Fitch-Holland, 49, who was the lead adviser to Cairns during the 2012 lawsuit, is alleged to have asked disgraced New Zealand cricketer Lou Vincent to give a false statement for the hearing.

Prosecution barrister Esther Schutzer-Weissmann last night asked for the trial to be held off until October next year to allow a series of cricketers to give evidence during a break in the international calendar.

Vincent and current New Zealand captain Brendon McCullum are understood to be among those providing evidence.

Ms Schutzer-Weissmann said: "The Crown ask for the case to be listed and fixed now. It is going to be a four-week case and many of the witnesses have major commitments all over the world.

"They are committed to international tournaments all over the world which take place all year round except for October, so the Crown asks for a period of time starting then. It [October] is a relative 'cricket desert' - it is a downtime for international level."

Judge Alistair McCreath explained that the case was likely to be passed to the High Court due to the status of the defendants.

He said: "It is a case of a very high profile. The status of one of the defendants is very important and the other is a member of the legal profession. It is likely it will be a High Court case."

Jonathan Polnay, representing Fitch-Holland, said it was likely he would ask for the case against his client to be dismissed when the court reconvenes in the New Year.

He said: "There may be an application to dismiss in the case of Mr Fitch-Holland. I will await the full papers, though a high-level of disclosure [from the prosecution] has already been made."

Judge McCreath adjourned the case for another preliminary hearing on January 16.
Both defendants remain on unconditional bail.