Harbhajan cleared of racial abuse
January 29, 2008
INDIA off spinner Harbhajan Singh has been cleared of racially abusing Australia's Andrew Symonds, with the charge dropped at an International Cricket Council (ICC) appeal hearing.
Harbhajan instead pleaded guilty to a lesser charge of using abusive language, prompting a financial penalty but no suspension.
The result means India has withdrawn a pledge to abandon their tour of Australia if Harbhajan was found guilty of racial vilification.
Harbhajan allegedly called Australia all rounder Symonds a "monkey" during the second Test in Sydney earlier this month.
He was outed for three Tests by ICC match referee Mike Procter, but the ban was suspended until an appeal hearing was held in Adelaide.
At the closed hearing, before ICC appeals commissioner, New Zealand Justice John Hansen, the racial vilification charge was downgraded to a count of using abusive language.
Harbhajan was subsequently penalised 50 per cent of his match fee – about $3000 – from the Sydney Test, and the three-Test suspension repealed.
The penalty was announced by an ICC spokesman after the Board of Control for Cricket in India (BCCI) said the Australian tour would be abandoned if Harbhajan was found guilty of racial abuse.
"If a clean chit is not given to Harbhajan, the Indian board's decision is to call the team home," BCCI vice-president Lalit Modi told reporters in New Delhi.
The appeal at the Federal Court in Adelaide lasted about five and a half hours and heard evidence from key players in the controversy.
The hearing had ended for about two hours before the result was announced publicly.
Harbhajan, teammate Sachin Tendulkar, Australia captain Ricky Ponting, Symonds, Michael Clarke and Matthew Hayden all attended the hearing.
ICC communications officer Sami-ul-Hasan said Justice Hansen was convinced Harbhajan was not guilty of a racial slur.
"The hearing heard evidence from all witnesses to the exchange between Harbhajan and a number of Australian players, these witnesses were then cross examined by Brian Ward, counsel representing the Australian players and advocate VR Manohar, who represented Harbhajan Singh," Hasan told reporters outside court.
"Justice Hansen said that he was convinced that on all evidence submitted before him the charge of a level 3.3 offence was not proven, but that Harbhajan should be charged with a level 2.8 offence.
"Harbhajan pleaded guilty to this charge, and on hearing submissions on the penalty, Justice Hansen imposed a fine of 50 per cent of his match fee.
"Justice Hansen intends to deliver his full reasons on Wednesday at 1700 hours (4.30pm EDT) Adelaide time at a venue to be confirmed in due course.
"The ICC will make no further comment."
Australian Cricketers' Association chief executive Paul Marsh declined to comment on the result of the appeal.
Symonds' manager Matt Fearon was unsure whether his client knew of the downgraded charge, but also would not comment.
"I haven't spoken to him, but Andrew's feeling and mine as well is that it's not something he wants to continue talking about," he said.
"Everything that needed to be said has been said and the decision is not really in Andrew's control."
Transcripts were released of recordings from the Nine Network's stump microphones which captured some of the verbal clash, which occurred during a change of overs.
Symonds told Harbhajan at the end of the over: "Go and yell at your teammates .... You called me monkey again."
Hayden then said: "Twice. You've got a witness now champ" before approaching the Indian and telling him: "That's the last time."
Harbhajan replied: "No listen, he started it" to which Hayden responded: "Doesn't matter mate, it's racial vilification mate. It's a **** word and you know it."
India, who lost the four-Test series 2-1 after Monday's draw in Adelaide, will fly on Wednesday to Melbourne, where they will play a Twenty20 international against Australia on Friday.
The Indians will then contest a one day international tri-series from Sunday that also features Sri Lanka.
AAP
