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Harbhajan Singh has been cleared of making racist comments and, as a result, has had his three-match ban rescinded. The India spinner had been accused of calling Andrew Symonds, the Australia all-rounder, a "monkey" during the second Test in Sydney.
However, after an appeal at the Federal Court in Adelaide the charge was downgraded to one of using abusive language and Harbhajan has been fined 50 per cent of his match fee as a lesser punishment.
"He has been cleared - the racial charge has been dropped against him," Niranjan Shah, the BCCI secretary, said.
"The Board of Control for Cricket India (BCCI) made it clear during the hearing that [the] racism charge was like laying blame on the board and the nation, and should be dropped," VR Manohar, Harbhajan's counsel, said.
The ICC revealed that prior to the hearing a letter signed by all the players involved - from both Australia and India - was tendered in evidence as an agreed statement of facts as to what took place during the Sydney Test match.
The triangular one-day series between Australia, Sri Lanka and India will now go ahead. India had threatened to pull out of the tournament if the three-match ban handed out to their spinner for the alleged comment was upheld.
Harbhajan was ushered into the Federal Court without making any comment to the media, and was followed in soon after by Sachin Tendulkar, the India batsman. The Australian team members had arrived earlier, while captain Ricky Ponting left the hearing shortly after noon, again without making any comment.
John Hansen, the New Zealand high court judge, put his decision before the International Cricket Council before being it was announced publicly.
Peter Young, a spokesman for Cricket Australia, confirmed the Commonwealth Bank triangular series plus Friday's Twenty20 match in Melbourne will go ahead. "My understanding is that the Indian team is now planning to travel to Melbourne for the Twenty20 match on Friday," Young said.
"All parties will move on with the cricket. The game is the important thing," he said.
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Guys, Harbhajan and Symonds have a history. None of them is a saint. Here is what Symonds said in Mumbai after India's T20 Cup win - "The feeling has come from the carry-on that surrounded Indiaâs Twenty20 world Cup win. When we got here, it was just everywhere. Our blokes thought it was over the top. Some of the things their players have been given and the way they are treated, itâs like they are rock stars and princes. The Indian government gave them a heap of money. Yuvraj Singh got a Porsche. Blokes are getting houses and blocks of land. Something has been sparked inside of me, watching them carry on over the last few days. We have had a very successful side and I think watching how we celebrate and how they celebrate, I think we have been pretty humble in the way we have gone about it. "
No wonder the Indian fans took offence and it all went downhill from there. I personally feel M****Y is no less/no more offensive than the Mother/Wives sledging that goes on. Ban Sledging!
Nilesh Dias, London, England
Naturally he was found not guilty - an accurate verdict would have generated another outbreak of Indian hysteria!
How can the term 'monkey' be determined to be insulting rather than racist - unless is is an actof appeasement!
Mike Bibby, St Albans, England -not EU
why is it difficulto to digest what BCCI did to what ausies have been doing to cricket since a decade ?
aussies wanted to use this appeal as another means of mental disintegration......which costed them more than indians.... no pity for ozies........
Simon, London,
There want any conclusive evidence in the video's so this was expected. no surprises here
A S Smith, wilmslow,
Since when is Punishment despite any concrete evidence JUSTICE ????
It only proves that Mike Procter was not the right person to handle this job...
We all know that Symonds is HUMAN and not a MONKEY...In fact anyone who likens Symonds race to that of a monkey is the one who is being racist....there is no connect between the two races.. .Please cleanup ur minds ...symonds as well as others....
Dave, Boston, US
So much gnashing of teeth when the Indian tiger roars! Presumably, you bloggers regret years, no decades, of colonialist thuggery from the days when the MCC was boss and the British lion and its allies made up the rules. I can assure you it was worse then. At least now the 'Asian bloc' provides a counterweight.
ACY1, Toronto, Canada
At last black (or brown) money can buy white justice! Its good to see Western opinion now squirming (and crying foul) at the might of Indian money. Money has always bought justice - its just the colour of the money that is making people uncomfortable.
Ashish Sukthankar, Manchester , UK
Whoever started it is irrelevant. The fact that it got blown out of proportion is irrelevant. The fact that it became so public should have prompted the ICC to set an example. It is they who are guilty of bringing the game into disrepute. The frustrating thing is that there is very little I can do about it. I will nonetheless not be going to or watching any of the games that would have been cancelled if the Indian team had packed their bags and gone home. It won`t have much financial impact, but I will be able to sleep, and that`s the important thing.
Mr T, Melbourne, Australia
Aussie players have always been abusing Indian players and Indians. When they won the Champions trophy in India in 2006, Ricky Ponting shamelessly pushed Sharad Power (who handed them the trophy) off the dias. Aussies wanted to win the test at any cost and they went overboard. Mike Proter proved that a white man's word against a Brown man carries more weight as he choose not to believe Sachin Tendulkar who testified for Harbhajan. No one will remember that Ponting equalled a world record ,he will go down in History as the captain of the most abusive and arrogent cricket team.
Mel, Slough, UK
The heavy handed tactics of the BCCI by influencing an independent tribunal through the use of threats and high morality rhetoric is absolutely deplorable and irresponsible. They have set an extremely dangerous precedent that has now seriously undermined the publics' confidence in the ICC. Time for a new governing body as I am confused as to who is crickets real governing body.
Ant, London,
Bring back Daryl Hair - he was made a scapegoat to appease Asian interests.
trevorjd, Torbay, UK
When is the word monkey when directed at a man of African descent not racist? When it is used by an Indian test cricketer.
Peter , Melbourne, Australia
Do other people not think it strange that cricket (which is still supposed to be something of a 'gentlemenly' game) officially tolerates language and insults that would have a tennis-player or a golfer disqualified and would bring sanctions in most football codes? It is time the authorities stamped all over sledging. One way would be to have the stump mikes live on TV. Public opinion would force official action very quickly.
Roger Tilbury, Worthing,
Better get the Australian team in en mass then!
David Leslie, Perth, Scotland
Where is the game of cricket going, one cover up after another.
Anthony, Bournemouth, Dorset
Ah I see now, as long as the perpetrator isnt white, its not racism!
Lukey Boy, London, UK
Another cover up, what a sad state of affairs.
Anthony, Bournemouth, Dorset
With the financial clout and the open threat of a boycott the Indian Board can buy justice!!!!!
Arthur, Mississauga, Canada
This incident should have initially resolved by the two captains at their levels. There were never going to be any winner in any vocal abuse and it only brought the game to disrepute.
Mohan Malhotra, Northampton,
Balderhash! Everything swept under the carpet for commercial expedience. As is always the case, racism against black people is always an inconvenient blip to commercial interests. I wonder what forces would have been unleashed if the Indian racist had uttered an anti-semitic jibe?
Gilbert Phiri, Swindon, UK
Spot on Gareth - it makes you wonder how Mike Proctor got it so wrong ... or did he? Irrelevant now, it's smiles all round and off to the MCG for cricket's equivalent of a penalty shootout.
Michael, Sydney, AUS
isnt insulting the oppo just part-and-parcel of cricketing gamesmanship? are people so weak that they need the law to protect themselves from insults?
simon mawdsley, london,
If he is guilty of using abusive language then so is the whole Australian team who are always making abusive comments to their opponents.
That should be outlawed. You would think that they could win fairly.
Sam, London,
What a whitewash
Chris, London,
Wow......What a surprise !!
Gareth, UK,