JULY 15 is likely to be the most important date in this year's cricket calendar. The official cricket fixture list says it marks the start of the Cost Cutter Cup at Harrogate, but you have to see the legal calendar to get the significance of the day. It is the day when, at the Royal Courts in the Strand, Ian Botham and Alan Lamb come face to face with Imran Khan in the libel suits they have filed against the former Pakistan captain.
And a great legal test match it promises to be. The court case is listed for five days with both Imran and Botham fielding some of the best lawyers in the land. Imran has got George Carman, QC—probably the best libel lawyer in the land—to lead his defense, while Botham and Lamb have Charles Gray, another leading silk. Howard Cohen, Imran's Leeds-based solicitor is exuding confidence: "Carman and Khan, that is going to be a formidable partnership."
Imran is likely to take the stand and so is Botham. The prospect of Carman cross-examining Botham promises to be more gripping than anything the test series against India or Pakistan may offer. Says Alan Herd, Botham and Lamb's solicitor: "Ian and Alan are experienced campaigners. They have faced Malcolm Marshall. Carman holds no terrors."
Botham and Lamb are likely to call a host of witnesses in support of their action and next week could see some of the world's leading cricketers as well as the galaxy of the English cricket world troop through the witness box. So many that Illingworth, the chairman of the selectors, might well be advised to take up residence in the law courts over that period. They are likely to see more cricketers in the law court than on the cricket field. Certainly as the trial date has approached, both sides have been in touch with cricketers as possible witnesses in the trial.
Botham and Lamb have separate actions against Imran Khan, both alleging libel, Botham's actions centre around interviews given by Imran Khan and published in India Today and in The Sun, while Lamb is suing over the India Today article. These were written following the 1994 publication of Ivo Tenant's biography of Imran Khan.
In that book Imran made the admission that he had tampered with the ball while playing country cricket in England, but explained it away by saying that it was common practice indulged in by many others including leading bowlers in England for many years. The publication of the book and Imran's comments raised tremendous controversy. It led to so much English media comment that this proved their argument that the Pakistanis were cheats and had always tampered with the ball. Imran responded by giving interviews in which he made comments about Botham and Lamb which the two cricketers allege are libellous.
Botham and Lamb seek damages and an apology from Imran whose main thrust of defense is likely to be qualified privilege—he will say he was responding to attacks on him and defending the fair name of Pakistan cricket.
The stakes in the libel actions could not be higher. In effect, Imran and Botham will be fighting for the cricketing reputations of their respective countries. But the case could also feature race, class and other factors. Whatever the outcome, the case will be costly. Carman does not come cheap and though Cohen did not specify a figure, he said 'costs are substantial'. Costs on either side could be as high as £50,000 and if Imran loses, he could lose £1 million.
Cohen has not spoken to Sir Jimmy Goldsmith, Imran's father-in-law about the case, but last Christmas he met Jemima for an informal lunch and recalls: "She is as determined as her husband to defend this action." Cohen is sure that the recent bombing of Imran's hospital in Pakistan where he has now announced the formation of a political group will have no impact on the case. "He is determined to defend this action and I have not heard anything to suggest that these events have affected this determination."
