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BCCI to refuse stump evidence in Bhajji case

Agencies

Posted online: Monday , January 28, 2008 at 0954 hrs IST
      

Adelaide, January 28:: The BCCI, it is learnt, will not agree if fresh evidence in the form of transcript from a stump microphone emerges in the two-day hearing on Harbhajan Singh's appeal against a ban beginning in Adelaide on Tuesday.

"The evidence could be tampered, it could be doctored. We wouldn't allow this so-called fresh evidence to surface after so many days," stated a highly placed Indian board official on Monday.

The day began with the ICC appointed commissioner in charge of the proceedings, Justice John Hansen, outlining the procedures for the hearing. Among other things, the most startling was the procedure in which "additional evidence" in the form of "transcript available from the stump microphone" being used to decide on the case.

"There may be some additional evidence, such as the transcript available from the stump microphone, which was not available to Mr (Mike) Procter," the judge from New Zealand said.

I S Bindra, a senior BCCI official, has been in Adelaide since last week and spent evenings with the president of Cricket Australia (CA), Craig O'Connor, in order to thrash out the contentious issue.

Both the boards would be hurt if the forthcoming one-day tour were to be abandoned, a posture Indian board has repeatedly taken in the wake of Harbhajan ban.

Bindra's effort notwithstanding, it remains to be seen if Cricket Australia indeed could pressurise Australian skipper Ricky Ponting from toning down his team's stated position on the issue.

Justice Hansen's statement this morning, ironically, though also opened a window of opportunity. His procedures also affirms that all the witnesses will give a fresh hearing, which could allow the involved parties to change, or readjust, the positions they took in Sydney.

Indian board, nevertheless, has been shown in poor light by not arranging any physical legal presence while all this hell has broken loose. No such help was present in Sydney, nor one is going to be present even though VR Manohar, father of the BCCI president-elect Shashank Manohar, would offer his guidance over phone from India.

Indian board as well as the players have made it be known that they would boycott the tour if the ban as well as the alleged racist remark attributed to Harbhajan is upheld.

Indian board wouldn't like to be seen as not championing the cause of Indian players, something which the previous Board regime under Jagmohan Dalmiya did so adroitly.

The cricket circle in Adelaide though is abuzz with the word that an "evidence" exists which puts Harbhajan, and even Sachin Tendulkar, in poor light.

Harbhajan was slapped with a three-match ban by match referee Mike Procter after the Sydney Test for allegedly racially abusing Andrew Symonds whose point was supported by three members of his team.

The word of Sachin Tendulkar, batting partner with Harbhajan, said to the contrary, was not taken into account.

The hearing in the appeal against the ban, to be held in private at the Federal Court in Adelaide on Tuesday, will give an opportunity to both the counsels to cross-examine the witnesses though it being a sporting disciplinary hearing, the evidence will not be on oath.

Justice Hansen declared that soon after he arrived at a decision, he would forward his ruling to Harbhajan, Procter and the chief executive of the ICC.

If Harbhajan was to prove guilty, and the Indian board was to carry its threat, the damages for abandoning the tour could amount to 2.3 million Australian dollars as penalty which to the cash rich Indian board would amount to peanuts.

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Unfair trial
by Joy on 2008-01-28 18:07:59.294328+05:30
The Aussies and the white men have decided to punish the Indians for putting a stop to the barbaric Australian way of unsportive provocative on-field behaviour/actions. Is it really necessary to play with this bunch of unsportive people? Of course India wants to; BCCI loves money more than self respect.By the way why there is no BCCI lawyer in Australia to support their team??
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Unfair trial
by Joy on 2008-01-28 18:06:52.862305+05:30
The Aussies and the white men have decided to punish the Indians for putting a stop to the barbaric Australian way of unsportive provocative on-field behaviour/actions. Is it really necessary to play with this bunch of unsportive people? Of course India wants to; BCCI loves money more than self respect.By the way why there is no BCCI lawyer in Australia to suuport their team??
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Manufacutured evidence
by Kaveri on 2008-01-28 16:49:18.159766+05:30
Anything that surfaces suddenly after several weeks is suspect. If indeed this new evidence has to be credible, it should have been sealed with parties of both sides being present and kept with a neutral individual. It is unfortunate that CA is stooping to such levels to prove its point; when it came to Procter, they knew he would be on their side no matter what, and now with Hansen, they are playing their brand of aggression and manufacturing transcripts..... BCCI take lessons, you know how to treat the Australians when they come next to India; Indian Captains, part of aggression is to file complaints formally for every rotten sledging that Australia has been getting away with!!!
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The truth
by Dushyant Sharma on 2008-01-28 14:42:56.80699+05:30
i dont understand what is going on. bhajji has been penalized after hearing three aussies but sachin's words have never been taken accounted. the biggest name in world cricket, the biggest gentleman of international cricket today. they dont' listen to sachin??? they give out, incorrect decisions, to sachin. they declare Indians as most unsporting people. i think it is not racial abuse problem against bhajji but it is they are abusing us racially, not verbally but practically. The second test was the worst test in the cricket history due to umpires and australians. the captain ricky ponting himself caught lying, infect biggest lie caught on the screen when he appealed for a catch when he clearly touched the ball on the ground. he was thinking the umpires will give everything in their favor. he must be thinking right though the umpires were really doing so. and those australians say that Indians are unsporting people. i advice them please take a look at their own players. specially mcgrath. i respect the bowler but everybody knows he was the god of sledging in his career.
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The evidence
by Sridhar on 2008-01-28 14:00:37.150343+05:30
Fresh evidence cannot be admitted in an appeal. The original judgement was based on the evidence given by the players. The appeal should decide whether the punishment imposed on Bhajji based on that evidence was coorrect. By he wau why was the stump evidence not available and not produced in the first instance. It is all fishy and Mr proctor seems to have prevailed on the new judge tp prove him i.e.Mr proctor was correct.
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