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Cassim's June 26 testimony

MR CASSIM: I just recall now, it was in test matches and not in the triangular matches that he contacted me for the first time.

MS BATOHI: I'm sorry, Mr Cassim, that's just not good enough. What - you thought about this very carefully I take it before you made your statement about when you've met Mr Chawla for the first time. You must have thought about that carefully, isn't that correct?

COMMISSIONER: You must look at paragraph 8-2 of your statement as well, that might help to identify the time.

MS BATOHI: Yes, paragraph 8-2, perhaps if you've got it open in front of you, states that - talking about the conversation that you had, and I presume this was the first conversation with Mr Chawla, because it seems to be in that context if you look at 8-1: "He told me that he was coming to South Africa for the triangular series, that he was a cricket enthusiast and that he followed test cricket world wide." Now you obviously thought very carefully about when you met Mr Chawla. Why is it you mention the triangular series in your statement, and now you're prepared to say that it goes - well, not met him - the first time he made contact with you could have been as far back as the end of November last year?

MR CASSIM: If I can recall clearly it was the test matches, Adv Batohi, really.

MS BATOHI: Well, I'm not going to be labour this point, because Mr Cassim, if you remember clearly now it was the test matches, then why did you say triangular series in your statement? Can you explain that?

MR CASSIM: I probably could have made a mistake, Adv Batohi.

MS BATOHI: And do you think there's any other mistakes in your statement that you want to just correct now, before we proceed any further?

MR CASSIM: No.

MS BATOHI: Are you absolutely sure about that?

MR CASSIM: Can I consult with Adv Manie Witz?

MS BATOHI: Yes, sure. I have no problem with that, Mr Commissioner.

MR WITZ: If I can just take a short adjournment, thank you, Mr Commissioner. I'll consult in the presence of my learned friend, 'cause he is under cross-examination, so I don't want to consult with him in a term of consulting, so I'll do it in the presence of my learned friend, Adv Batohi. If we can have a short adjournment.

COMMISSIONER: That might be more appropriate. We'll take a short adjournment.

MR WITZ: Thank you.

COMMISSION ADJOURNS AT 14H28

ON RESUMPTION AT 14H30

COMMISSIONER: Is your client ready to continue Mr Witz?

MR WITZ: Yes he is and I am indebted to you for the short adjournment, thank you Mr Commissioner.

CROSS-EXAMINATION BY MS BATOHI: I think I should place on record that Mr Witz consulted not in my presence. I had no problem with him consulting with Mr Cassim. Mr Cassim you consulted with your counsel now. Are you satisfied now that there's no other mistakes, is there anything you want to correct at this stage?

MR CASSIM: I am satisfied.

MS BATOHI: And are you now saying that the first time Mr Chawla contacted you, as far as you can now recall, was during or about the end of November last year?

MR CASSIM: Round about then, that's right. November.

MS BATOHI: You see, just one other thing I recall from my consultation with you at Mr Witz's house about when you met Mr Chawla for the first time, you told me and my colleague Mr Geoff Edwards who was present with me, who confirms that you stated that the first time that you met Mr Chawla was just before the triangular series commenced between South Africa, Zimbabwe and England. Now if this is the case that you met him in November, why did you tell us that during consultation?

MR CASSIM: When you say met him or spoke to him over the telephone?

MS BATOHI: I beg your pardon. Your first telephonic contact - your first contact with him. The first time he contacted you was just before the triangular series. Now if this is correct what you now say to us, why did you tell us in consultation that that was the case?

MR CASSIM: As I said, I couldn't recall dates at that time because I was going through a very difficult period in my life.

MS BATOHI: What makes you recall the date now as you sit here in not very comfortable surroundings? How are you able to recall it was in November? You would have - before you answer that - you would have consulted with your attorneys, attorney and counsel before you consulted with me, and I take it one of the things you would have discussed is when Sanjay contacted you for the first time. You consult with them, you consult with me, you make a statement under surroundings which are not as harsh as these, suddenly you sit here and in the space of five minutes it suddenly dawns on you that the contact was made long before you told us it was, or your statement reflects it. How is it that it suddenly occurred to you that this contact was made so early?

MR CASSIM: It occurred to me now that when you - I didn't realise that the test matches and the triangular matches were that far apart from one another.

MS BATOHI: Come, Mr Cassim. When you were consulting with your attorneys, when you consulted with them you must have thought about not just when the test matches were. When did Mr Chawla contact you for the first time? And there's a big difference between the end of January and the end of November. I'm not going to labour this much longer, but I'm just curious to know how it suddenly dawns on you here that it happened in November and not at the end of January?

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