Leicestershire welcome cricketer jail term after assault case is reopened

A club cricketer has been jailed for 18 months for assault, following a review of his original sentence, after Leicestershire intervened to stress that he was not negotiating a contract with the county.

Mustafa Bashir, 34, a local league cricketer from Oldham, received a suspended sentence at Manchester Crown Court in March for assault against his wife.

The judge, Richard Mansell QC, did not impose a custodial term after hearing that he would lose a professional cricket contract if he were jailed.

After the hearing, Leicestershire CCC accused Bashir of "inventing" the job offer "in order, it would seem, to evade a prison sentence". They also contacted the Crown Prosecution Service to stress that they had never heard of him.

The judge admitted that he had been "fundamentally misled" by Bashir, and in a statement, Leicestershire said that the club was happy to have played its part in bringing Bashir's invention to the attention of the Court, and ensuring that justice could be done.

Leicestershire CCC Chief Executive Wasim Khan said: "The club is deeply committed to the White Ribbon campaign set up to tackle domestic violence, so we were horrified at being used as a means for someone who had been convicted of appalling violence to his wife to escape imprisonment.

"His new sentence of 18 months in prison is a much more fitting punishment for what he did and good news for the fight against domestic violence."

When imposing the new sentence, the judge told Bashir: "You were clearly making a claim to the court you had a career in professional cricket ahead of you which was false.

"You made that quite clearly in the hope you would avoid a prison sentence. There's not a shred of evidence you were ever chosen to play for Leicestershire County Cricket Club, let alone you had received any offer of a full time contract."

Prosecution evidence held that Bashir beat his wife, Fakhara Karim, with a cricket bat, threatened her with a knife, and forced her to drink bleach.

He was originally given an 18-month sentence, suspended for two years, after he admitted "assault occasioning actual bodily harm, assault by beating, destroying or damaging property and using a destructive substance with intent to maim".

He was also ordered to attend a Building Better Relationships course, administered by the Probation Service. He was ordered to pay £1,000 costs and barred from contacting the victim by the imposition of an indefinite restraining order.

Bashir's barrister Hugh McKee told Manchester Crown Court: "He has continued to play professionally in a local cricket league but of some importance certainly to him is if he is allowed to keep his liberty he will be employed by Leicestershire as a professional. He was about to sign the contract when he was arrested."

When passing sentence, the judge referred to this evidence, remarking: "You have employment prospects of being employed in cricket for Leicestershire Cricket Club."

The case was reopened under the slip rule in section 155 of the Powers of Criminal Courts (Sentencing) Act 2000. This allows a judge licence, for a period of 56 days, to correct a slip or omission in a judgment. The Court of Appeal has previously indicated that it can be used when information arises which casts doubt over part of the evidence on which a judge passed sentence.