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Symonds provoked Harbhajan, says ICC judge

Agencies

Posted online: Wednesday, January 30, 2008 at 1351 hrs IST
      

New Delhi, January 30:: ICC Appeals Commissioner and New Zealand Justice John Hansen, who was the official judge for the hearing in the Harbhajan case said that his decision to clear the Indian off-spinner of racism charges was an independent one.

“At no point was I under any kind of pressure. I was unaware of Harbhajan’s earlier cases, had I known them, the judgement could have been different,” said Hansen.

Harbhajan was found guilty of making a racist comment to Australia's Andrew Symonds under level three of the ICC's Code of Conduct during the second Test at the SCG earlier this month, resulting in a three-match ban. However, on Tuesday Hansen diluted the charges to level two of ICC Code of Conduct by dropping the charge of racial abuse.

Hansen said that the video and audio evidence submitted were inconclusive and it could not be established without doubt that Harbhajan had racially abused Symonds.

“Harbhajan was lucky to get benefit of database and human error,” he added.

Hansen accepted Tendulkar's version of events including his view that Harbhajan did not call Symonds a "monkey" because Tendulkar was the closest witness and his word mattered the most in the case.

Tendulkar also testified that both players swore at each other during the Sydney Test.

Hansen said even if it is taken into account that Harbhajan did use the word "monkey", it was difficult to accept the fact that Symonds would have taken offence.

"In my view even if he used the words alleged, an ordinary person standing in the shoes of Mr Symonds, who had launched an unprovoked and unnecessary invective-laden attack, would not be offended or insulted or humiliated," said Hansen.

“Symonds abused Harbhajan first. He was determined to get involved in the Harbhajan-Lee on-field spat,” Hansen was quoted as saying by a TV news channel.

Referring to all the scathing attack on Cricket Australia by the Australian media, Hansen said that it was “incorrect to suggest that there’s an agreement between Cricket Australia and BCCI”.

He out rightly denied that he delivered a favourable verdict after threats from the Indian Cricket Board to abandon their tour of Australia and flatly dismissed speculation that a deal had been struck between legal counsel for the Australian and Indian players. There's been a wonderful relationship that the BCCI and Cricket Australia have shared over the years," he said.

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World has changed but not for Aussies
by Pramod on 2008-01-30 23:01:59.903294+05:30
It is unfortunate but true that most Australian players are high-school drop out and hence, their mental level is like a street type goonda and they don't understand that slavery is over and they can no longer abuse Indians as slaves. In civilized English speaking world, words like ba$tard and F**k U is considered abusive words and were used to address slaves. Indians should also understand that rules of cricket were not written by Gandhi, hence, if they are abused they should file a written complaint. In the ICC record book, Indian cricketers are most abusive and they have been penalized the most, whereas well known sledger Aussies have all most no record of punishment. They should also learn that every judge is not Mike procter, so they should not be discouraged.
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Aussies,, Sotuh African whites and UK's half white Symonds
by Sridhar on 2008-01-30 22:31:13.024669+05:30
Rakesh Mathur is 100% right. I fully agree with him. In addition may I say, Symonds and Harbajjan had a pact between themselves to behave. However it was Symonds who provoked. so it is he who must be punished and suspended.
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Incomplete decision
by K. K. Deshmukh on 2008-01-30 22:09:50.903792+05:30
What I understand from news channel/s is that Bhajji used an abusive word (which in hindi is called a 'Gaali') and is punished accordingly. This is perfectly acceptable.Now what remains is that Andrew Symonds should be charged
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Legal opinion
by Rakesh Mathur on 2008-01-30 20:00:38.553097+05:30
Any legal expert with above average skills will assert that Australians charge was baseless and fake because all 13 Australian players heard that Harbhajan abused Symonds as Big Monkey but did not hear any other single word from Symonds and/or Harbhajan - no legal judge will believe it. It surprises me that Australian team all legal expertise available to them but they did not see such a Big loophole in the case. Judge was right to believe Tendulkar because he was standing closer than any other player. Judge also noticed that Symonds provoked and used abusive languge, when Harbhajan was complimenting Lee for his fine delivery. Symonds assertion that field is not a place to be friendly with opponent is against the spirit of game. Mike procter ignored all these Red flags due to his mental programming over hundreds of years in South Africa, where he programmed his brain that white people can't lie and coloured people will never tell the truth. He may believe from his childhood that only coloured people abused white people in South Africa but reality is against him. Now Pointing and Clark should be charged for declaring to take clean catch when in reality it was a bumped catch and Symonds should also be charged for being abusive. Ponting should forfeit Sydney test by law. Brad Hogg's case should be revisited. Like Procter must go with disgrace for being intentionally biased and racist.
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Intellectually challenged Rakesh
by SVS on 2008-01-31 04:31:49.861727+05:30
Did you study law from a cereal box? I have never read such stupidity.Rakesh, you obviously have the IQ of a Papadam and should refrain from sharing your retarded thoughts in future. I really hope no one ever has cause to use your services.
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Strictly follow ICC code of conduct
by P.P. TALWAR on 2008-01-30 19:34:45.861471+05:30
Whatever, may be the facts of the case, let us not forget that the game of Cricket was invented by the Britishers as gentleman's sport. The unending arguments whether Harbhajan or Andrew Symonds is at fault will reach us no where. Without raising fingers at others, Indian cricketers should strictly follow the ICC code of conduct on the cricket field and play as a true sportsperson, avoiding bringing bad name to own country, without getting involved into any legal hassles.
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