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I’m not sure the words were said, says Justice Hansen

Special Correspondent

Chennai: In his 8000-word written decision, Justice John Hansen, the ICC-appointed Appeals Commissioner, said he was not convinced that the Indian spinner called Andrew Symonds a “monkey” during the Sydney Test. Hence his decision to overturn the three-Test ban.

Harbhajan was initially found guilty by ICC match referee Mike Procter under section 3.3 of the International Cricket Council’s Code of Conduct. This relates to “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.”

Misunderstood?

Justice Hansen, in his judgment, noted that apart from looking at the facts of the case objectively and applying a high standard of proof, it was necessary to “look at context.” “Mr. Singh had innocently, and in the tradition of the game, acknowledged the quality of Mr. Lee’s bowling. That interchange had nothing to do with Mr. Symonds but he determined to get involved and as a result was abusive towards Mr. Singh. Mr. Singh was, not surprisingly, abusive back. He accepts that his language was such as to be offensive under 2.8. But in my views, even if he had 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 in terms of 3.3.”

Justice Hansen raised the possibility of a misunderstanding. “I have not been persuaded to the necessary level required that the words were said. I am not sure they were. I am left with an honest uncertainty as to whether or not they were said given the possibility of misunderstanding through different languages, accents and cultures, and the fact that none of the Australian players appeared to hear any other words said by Mr. Singh.”

Justice Hansen also noted that Cricket Australia’s advocate Brian Ward confirmed that Symonds “took the language to be offensive and seriously insulting but did not consider it fell under the requirements of 3.3.”

Harbhajan was fined 50 per cent of his match fee after pleading guilty to an offence under Section 2.8 of the Code of Conduct. Justice Hansen indicated that the penalty might have been more severe if he had been made aware of a number of previous offences. “At the end of the day, Mr. Singh can feel himself fortunate that he has reaped the benefit of these database and human errors.”

Harbhajan Singh cleared of racism charge - full text of Appeals Commissioner's Judgement.

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