New Zealand High Court Judge appointed as Commissioner for Harbhajan Singh’s Code of Conduct appeal hearing by ICC Media Release

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Ground:	Sydney Cricket Ground, Sydney
Scorecard:	Australia v India
Player:	MJ Procter, RT Ponting, A Symonds, Harbhajan Singh
Event:	India in Australia 2007/08

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DateLine: 9th January 2008

 

Justice John Hansen has been appointed to hear the appeal of Harbhajan Singh against the finding that the India spinner was guilty of making a racist remark to Australia all-rounder Andrew Symonds during the second Test at Sydney.

 

Justice Hansen is a High Court Judge in his native New Zealand and is New Zealand Cricket’s appointment on the ICC Code of Conduct Commission.

 

The ICC received official notification of the appeal from the Board of Control for Cricket in India (BCCI) on Monday and the ICC Senior Counsel and Company Secretary Urvasi Naidoo appointed Justice Hansen today in line with ICC Code of Conduct processes. Justice Hansen will now make preparations for the appeal hearing.

 

No time, date or venue for the appeal have yet been fixed. The process indicates that the appeal should be heard within seven days of the commissioner being appointed. However, this time period may be extended if circumstances dictate.

 

The charge against Harbhajan was laid by the two umpires after the close of play on day three of the second Test between Australia and India at the Sydney Cricket Ground following a complaint they received from the Australia captain Ricky Ponting.

 

The complaint was made by Ponting after the 116th over of India’s first innings, prior to which Harbhajan is alleged to have made a racist comment directed at Symonds.

 

The Code of Conduct hearing was conducted by Mike Procter of the Emirates Elite Panel of ICC Match Referees after the Test concluded on Sunday 6 January. Harbhajan pleaded not guilty to the charge. Procter found that the case was proved and imposed a ban of three Test matches on the India spinner.

 

Under the provisions of the ICC Code of Conduct, Justice Hansen has the power to increase, decrease, amend or otherwise substitute his own decision from that made at the previous hearing, and his decision is final and binding.

 

Once Justice Hansen has reached his decision, he must provide it in writing to Ms Naidoo, who will then forward it to Harbhajan, Procter and ICC Chief Executive Officer Malcolm Speed ahead of any public announcement.

 

In the mean time, according to the Code of Conduct regulations, Harbhajan may continue to play pending verdict of the appeal being given.

 

The full text of the ICC Code of Conduct and its processes can be found at: http://in.yimg.com/icccricket/pdfs/code-of-conduct-for-players-and-officials.pdf