Harbhajan appeal date set

14 January 2008

India spinner Harbhajan Singh must wait until January 29 for his appeal © Getty Images

The appeal into India spinner Harbhajan Singh’s three-Test ban will be heard in Adelaide on January 29 and 30.

The International Cricket Council has taken the decision to schedule the appeal, which will be heard by Justice John Hansen, for the day after the four-Test series against Australia is due to finish but before the Twenty20 international and subsequent one-day international series which also involves Sri Lanka.

Harbhajan was found guilty of racially abusing Australia's Andrew Symonds during the second Test in Sydney - he was alleged to have directed a “monkey” insult at the all-rounder.

ICC chief executive Malcolm Speed said: “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.

“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.

“We would have preferred the appeal to be held earlier but it was not possible.

“Both Cricket Australia and the Board of Control for Cricket in India have requested the hearing 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.”

Match umpires Mark Benson and Steve Bucknor levelled a charge under section 3.3 of the code of conduct after receiving a complaint from Australia captain Ricky Ponting on day three when Harbhajan was batting alongside Sachin Tendulkar.

The section 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”.

The ban imposed was short of the maximum of four Tests or eight one-day internationals possible for such an offence.

India had intimated they would consider pulling out of the tour should the spinner not be exonerated, a threat they later withdrew.