ICC MEDIA RELEASE
Dubai , 15 January 2008
The commissioner appointed to hear the appeal by India spinner Harbhajan Singh of his Code of Conduct hearing has announced that it will be held after the ongoing Test series between Australia and India but before the Twenty20 International and subsequent ODI tri-series.
Following formal requests from Cricket Australia (CA) and the Board of Control for Cricket in India (BCCI), Justice John Hansen has agreed to hold the hearing after the fourth Test. The hearing will take place on 29 and 30 January in Adelaide .
“An allegation was made against Harbhajan under the ICC Code of Conduct and he was found guilty by the Match Referee. As is his right under the code, Harbhajan has chosen to have the evidence tested at an appeal before an independent Code of Conduct Commissioner,” said ICC Chief Executive Malcolm Speed.
“The ICC Members put this appeals process in place in 2002 in order to ensure that an aggrieved player has every opportunity to argue his case,” said Mr Speed.
“We would have preferred the appeal to be held earlier but it was not possible. Both CA and the BCCI have requested the hearing to be held after the Test series for logistical reasons and, following due consideration, Justice Hansen agreed.
“The reality is that it is likely to go into a second day as lawyers will be involved so we needed to have two clear days to assign to it. With just three full days between the third and fourth Tests, we were conscious of the teams’ travel arrangements and preparations for the match,” he said.
The provisions of the ICC Code of Conduct indicate that the hearing should be held within seven days of the commissioner being appointed but as previously advised, it may be delayed if circumstances make it unfeasible and the commissioner agrees, as in this case.
Harbhajan was banned for three Tests after being found guilty under Level 3 of the International Cricket Council’s Code of Conduct following an incident that took place during the second Test between India and Australia at the Sydney Cricket Ground.
The offence falls under 3.3 of the ICC Code of Conduct which refers to players or team officials “using language or gestures that offends, insults, humiliates, intimidates, threatens, disparages or vilifies another person on the basis of that person’s race, religion, gender, colour, descent, or national or ethnic origin”.
Players found guilty of Level 3 offences face penalties in the range of a ban of two to four Test matches or four to eight One-Day Internationals.
In accordance with the ICC Code of Conduct, players found guilty of Level 2, 3 or 4 offences have to the right to an appeal. In this case, New Zealand Cricket’s representative on the ICC Code of Conduct Commission, Justice John Hansen, has been appointed to hear the appeal.
Justice Hansen has 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.
Once Justice Hansen has reached his decision, he must provide it in writing to ICC’s Senior Counsel and Company Secretary Urvasi Naidoo, who will then forward it to Harbhajan, Match Referee Mike Procter and ICC Chief Executive Malcolm Speed ahead of any public announcement.
In the mean time, according to the Code of Conduct regulations, Harbhajan may continue to play pending verdict of the appeal being given.