CRICKET / Justice Hansen says Bhajji reaped the benefit of human errors, blames Symonds for triggering the whole episode
ICC mistake helped Harbhajan escape lightly
From R Kaushik, DH News Service, Adelaide:
Making it clear that he was under no pressure while considering Harbhajan Singh's appeal, Justice John Hansen admitted the Indian off-spinner was fortunate to escape with only a 50 percent match-fee fine, strongly castigated Andrew Symonds' behaviour and said Sachin Tendulkar's word went some way towards erasing the racial stigma attached to Harbhajan's name.
Hauling up the International Cricket Council (ICC) for not furnishing him with a full list of Harbhajan's previous convictions — a 50 percent fine in 1998 under the old Code which the current database doesn't show, a 25 percent fine in 2005 and a 75 percent fine plus a suspended one-Test ban in 2001 weren't brought to his notice — Hansen said he only went by the 50 percent fine on the Indian in April 2003 for an abusive comment to the umpire.
"If I had been aware of the serious transgression in November 2001, it could have led to a different penalty. Overnight, I have given earnest consideration to the Code of Conduct to see if it empowers me to reopen the sentencing process. Regrettably, I have concluded that I cannot do so and the penalty imposed by me must stand. Singh can feel himself fortunate that he has reaped the benefit of these database and human errors."
In his statement running to 7900 words, the Appeals Commissioner rubbished media reports that the Indian and Australian Boards had already brokered a deal and that he was merely 'rubber-stamping' it.
Hansen said it wasn't the ICC but he himself who had reduced the charge against Harbhajan from a level 3.3 to a level 2.8 offence. It had all begun with Harbhajan patting Brett Lee on his backside with the bat in admiring acknowledgement of a screaming yorker, prompting Symonds' unnecessary involvement.
Hauling Symonds up for getting into an 'interchange that had nothing to do with him,' Hansen observed, "Symonds appears to be saying he finds it unacceptable that an opponent makes a gesture that recognises the skill of one of his own team-mates. I hope that view is not shared by all international cricketers. It would be a sad day for cricket if it is."
Adding that Symonds had been determined to get involved, Hansen noted, "As a result, he was abusive towards Singh. Singh was, not surprisingly, abusive back. Symonds took the language to be offensive and seriously insulting, but did not consider it fell under the requirements of 3.3.
"But in my view, even if he had used the words 'alleged,' an 'ordinary person' standing in the shoes of Symonds who had launched an unprovoked and unnecessary invective laden attack would not be offended or insulted or humiliated in terms of 3.3. I considered that the evidence did warrant a charge under 2.8."
Tendulkar's assertion that Harbhajan had used the words 'teri maki' — the latter pronounced with an 'n' — were taken note of by the Kiwi, who said video evidence showed Tendulkar was closest to Harbhajan. Tendulkar acknowledged, Hansen observed, that he had heard a heated exchange between Harbhajan and Symonds, and didn't hear the word 'monkey' or 'big monkey' used.
Hansen also appeared surprised that Michael Clarke and Matthew Hayden, who also claim to have heard the words 'big monkey', don't recall any of the other parts of the conversation between Harbhajan and Symonds.