Mark Waugh: Cannot be made to speak to ACU Photo © AllSport

The International Cricket Council (ICC) is seeking to play down the significance of separate statements from the solicitors of Mark Waugh and Martin Crowe, questioning the necessity of meeting with the ICC Anti-Corruption Unit (ACU). But the ICC says there's little it can do if players decline to speak to the ACU, and accepts it is reliant on the co-operation of players if they are to make progress.

Solicitors acting for Mark Waugh yesterday issued a statement that they had "informed the ACB (Australian Cricket Board) that their client has presently declined its request for him to be interviewed by ACB and ICC investigators in early February," while Crowe's solicitor referred to a meeting with the ACU as "wasting time."

"I don't see this as a test, or a defining moment, of the ICC's powers," said ICC spokesman Mark Harrison. "It's true that this is the first time that it has been made public that someone has not co-operated fully with the enquiry, but we are hopeful that Mark Waugh will still meet with members of the ACU.

"We do not believe he has categorically ruled it out. His legal team require more access to evidence. I would not rule out the possibility of that being made available either. We would still like to speak to him.

"We are not able to force anyone to speak to the ACU. This is not a criminal investigation. It may be that Mark Waugh has a clause in his contract that obliges him to speak to the ACB, but he has a legal right to refuse to speak to the ACU."

Harrison appears relaxed about suggestions that this could impede any further progress by the ICC. "Our expectation is that people will co-operate," he says. But if all players refuse to speak further, won't the investigation grind to a halt? The Head of the ACU, Sir Paul Condon, had earlier suggested that "draconian sanctions" could be used on those not co-operating, but now it appears as if the ICC have realised they are almost powerless after the first whiff of legal resistance.

"The other crucial point is that the enquiry is far broader than just the Gupta allegations. Evidence has been gathered from many sources, but it will remain confidential. The enquiry is far wider than just the CBI report, and will continue," insisted Harrison.

There is also some confusion over the position of Martin Crowe. While some reports suggest that the former New Zealand captain has also declined to speak to the ACU, Mark Harrison revealed that the ACU had no plans to speak to him during their stay in New Zealand anyway. Crowe's lawyer, David Howman, had earlier stated that the ACU would be "wasting their time," but seemed to accept the idea of a meeting, saying "you always go to meetings to see what people have to say."

© CricInfo Ltd.