The Board of Control for Cricket in India has received today the order of the Justice Sachs, the Ld. Appeals Commissioner, on the appeal of Gautam Gambhir against the decision of Mr. Chris Broad, ICC, Match Referee imposing a One Test Ban against him. The Ld. Appeals
Commissioner has rejected the appeal and upheld the penalty of One Test Ban imposed by the ICC Match Referee.The said order has been passed without affording the player an opportunity of personal hearing, legal representation and without acceding to his request for certain documents / recordings to be given to him and also denying him an extension of time.
On receipt of the order, the Board has refused to accept the decision of the Ld. Appeals Commissioner and has sent its objection to the same to ICC. The Copy of the objection to ICC is enclosed.
Justice Sachs upholds one-match ban on Gambhir
Dubai : Independent ICC Code of Conduct Commissioner Justice Albie Sachs has dismissed Gautam Gambhir’s appeal against the one-Test ban after it was found that the India opener was guilty of conduct contrary to the Spirit of Cricket during the third Test against Australia at New Delhi .
Accordingly, Gambhir will miss the final Test of the current series against Australia , starting in Nagpur from Thursday 6 November.
Justice Sachs reached his verdict after studying video footage, documentary records and written submissions.
Gambhir had been banned for one Test by Chris Broad of the Emirates Elite Panel of ICC Match Referees last Friday after he pleaded guilty to a charge under Rule C1 of the Code (Level 2) which states that players shall at all times conduct play within the spirit of the game.
Justice Sachs, in his verdict, said: “I am prepared to accept that he (Gambhir) had been the victim of prolonged and persistent verbal abuse by members of the Australian team, culminating in a moment of anger that led to his unfortunate lapse.
“(But) cricket is not a contact sport. Small collisions can lead to big ones. Players must constantly be on guard to avoid physical contact with opposition players. The risk of accidental collision must be cut down. Deliberate collision can never be condoned, however grave the provocation.
“Accordingly, while not without sympathy for Gautam Gambhir, I cannot find that the penalty imposed on him is so disproportionately severe that I should intervene. He concedes that what he did was unacceptable. It was not the first time. Millions of people saw it. Though his excellence does not require him to be better behaved than mediocre players, it does not give him immunity from the rules of the Code of Conduct. The cricketing world is entitled to expect from him and all cricketers the highest standards. The rules against actual or threatened violence against opponents must be strictly enforced. The appeal must fail. The penalty stands.”
Following the judgment ICC Chief Executive Haroon Lorgat said: “The ICC Code of Conduct is a robust and independent process designed to achieve a fair and proper outcome.
“Although we have received an objection letter from the BCCI, there is nothing more that we can do as the Appeal Commissioner’s decision is a final and binding decision.
“The matter is now closed and the ICC will make no further comment on the case.”
After Justice Sachs reached his decision, he provided it in writing to ICC Head of Legal David Becker, who forwarded it to Gambhir, Broad and ICC Chief Executive Haroon Lorgat.
Under the provisions of the ICC Code of Conduct, Justice Sachs had the power to increase, decrease, amend or otherwise substitute his own decision from that made at the previous hearing, and his decision is final and binding.
Also, in line with a recent decision by the ICC Board to amend the Code of Conduct, Gambhir will bear the cost of the appeal as it was not successful.
The incident that led to the charge being laid took place during the 51st over of India ’s first innings on day one of the Test match when there was a coming-together of Gambhir and Shane Watson of Australia .
Watson was found guilty and fined 10 per cent of his match fee on Thursday for verbally engaging with Gambhir in a manner that was not in keeping with the Spirit of Cricket.
The charges were laid by on-field umpires Billy Bowden and Aleem Dar, both of the Emirates Elite Panel, and third official Suresh Shastri of the Emirates International Panel.
ICC MEDIA RELEASE
Vijay in the team
Mr. Vijay of Tamil Nadu has been included in the Indian Squad and asked to report to Nagpur by the Senior Selection Committee.
Media Release