``Mark Waugh, in the latest development, has agreed to appear before the inquiry in Melbourne on Jan 8 but is still discussing the possibilities with his solicitor,'' Fazli said from Lahore.

Earlier, Brian Ward, solicitor for the Australian Cricket Board (ACB), in a facsimile communication to Fazli had said: ``Our instructions are that he is presently obtaining independent legal advice in relation to his availability to give evidence and whether he will seek to give that evidence in camera.

``While there is no reason to believe that Mark Waugh will not give evidence, we are not able to confirm that is the case and will do as soon as possible.'' However, Shane Warne is confirmed to give his statement in public, Ward informed Fazli on Thursday.

Mark Waugh and Shane Warne were two of the three Australians (third being Tim May) who had accused Salim Malik of offering them bribe in the 1994-95 home series in Pakistan. Waugh had also appeared before the judicial commission in October and had repeated the allegations while looking right into the eyes of Salim Malik.

To recall, Waugh had given his October statement in public. But earlier this week, the credibility of the players and their accusations lost weight when they admitted that they took money from an Indian bookmaker to provide weather and pitch reports shortly before arriving in Pakistan in Sri Lanka. Besides Warne, Alan Crompton will also be a witness. The details of the Jan 8 hearing were also discussed/finalized by Brian Ward.

The venue of the hearing is scheduled at Court No 1 of the County Court of Victoria. The Court is located at 55 King Street, Melbourne. An accrediated court reporter will be hired by the Australian Cricket Board (ACB) who will provide the judicial commission the formal transcripts of the proceedings.

The inquiry will be open to the public. Although the designated court is said to be equipped to accommodate members of the public, it is likely that the demand will exceed the capacity of the courtroom. As this tribunal will also be conducting some other civil matters at the time, it has to be decided between Ward and Fazli arrangements for public and media access to the inquiry which ensures neither the inquiry nor the Victorian Civil and Administrative Appeals Tribunal (VCAT) is disturbed.

Abdus Salam Khawar, Registrar of the Lahore High Court, will act as convener of the inquiry and that Ali Sibtain Fazli will act as Counsel assisting and will himself be assisted in that role.

Fazli said he had also recommended to the Australia to give Salim Malik an opportunity to re-examine his accusers. ``That suggestion has been accepted. Either Malik of his counsel can cross-examine his accusers but at their expense. ``Mr Abdus Salam Khawar will be formaly informing Salim Malik on Monday about the proposal,'' he said.

Fazli said Justice Malik Mohammad Qayyum has agreed in principle to allow the accused examine his accuser (s). ``He (Justice Malik Mohammad Qayyum) will be fixing a date sometime next week.''

Fazli said it was not necessary that all the witnesses will have to be recalled. ``We don't have to call everyone. For example, Wasim Akram can be awarded the opportunity to cross-examine Ata-ur-Rahman or Salim Malik and Mushtaq Ahmad can be allowed to question Salim Pervaiz.'' But Fazli admitted that the judicial commission report was unlikely to be submitted to President Rafiq Tarrar until the last week of next month. ``Justice Qayyum was given an extension till Dec 31 but now he will have to request for another one month extension. ``In any case, the report is unlikely to be finalized and submitted before next month.''