Harbhajan's appeal [Merged]

[Sachinism]

New evidence in Harbhajan appeal INDIA'S cricket tour of Australia could hinge on evidence from stump microphones not used in the original hearing in which Harbhajan Singh was suspended for three matches for racially abusing Andrew Symonds. The controversial spinner will have his appeal against the penalty incurred after the second Test in Sydney heard tomorrow at the Federal Court of Adelaide. Harbhajan was found guilty of abusing Symonds by calling him a "monkey", but India hope to have the charge either scrapped or downgraded. India has threatened to pull out of the tour depending on the outcome of Harbhajan's appeal. New Zealand Justice John Hansen, appointed by the International Cricket Council as an appeals commissioner to hear the appeal, today outlined some of the procedures for the hearing. He said the hearing would be closed, that witnesses would attend in person and would not be required to give evidence under oath. "There may also be some additional evidence, such as the transcript available from the stump microphone, which was not available to (ICC match referee Mike) Procter," Justice Hansen said. Procter presided in the initial hearing and suspended Harbhajan for three Tests. Australia and India said today their players - Harbhajan, Sachin Tendulkar, Symonds, Ricky Ponting, Matthew Hayden and Michael Clarke - would stay in Adelaide to give evidence in person. Justice Hansen defended the long delay between Harbhajan being suspended and having his appeal heard. Under ICC rules, appeals must be heard within seven days after the suspension. However, Harbhajan was ruled eligible to play in the third Test in Perth and during the ongoing fourth Test in Adelaide despite being technically suspended. "Given the time between Tests, the simple logistics of the matter did not allow a hearing to be convened within seven days in any event," Justice Hansen said. "A venue for the hearing had to be found. The necessary secretarial and transcription assistance needed to be put in place. Video links had to be arranged for witnesses and counsel who are overseas. Counsel had to be instructed. Obviously all these matters take some time." Umpires Steve Bucknor and Mark Benson, who made the report, and Indian lawyer MR Manohar are all understood to be overseas. Justice Hansen said he give a written verdict to Procter, Harbhajan and the ICC before it was made public. source: http://www.news.com.au/story/0,23599,23119933-1246,00.html

[IndianRenegade]

New twist in Harbhajan case?

New twist in Harbhajan case? A new dimension has been added to the Harbhajan Singh's appeal case with Justice John Hansen, the judge who is scheduled the hear the appeal, suggesting that new evidence in the shape of recordings from the stump microphone could be used. Harbhajan, the Indian offspinner, is appealing against a three-Test ban imposed by Mike Procter, the match referee, who upheld a charge laid by the Australian team that Harbhajan had racially abused Andrew Symmonds by calling him a monkey. Harbhajan has denied the charge. Justice Hansen, who briefed the media about the hearing but didn't entertain questions, said "there may also be some additional evidence, such as transcript available from the stump microphone, which was not available to Mr Procter." The Indian team management described the new development as strange and wondered if evidence had existed why it had not been used earlier. "If any new evidence is to be used, then they will have to show it us first," MV Sridhar, the assistant manager of the Indian team, said. Another curious information to have emerged today is that the feed to the stump microphone was withdrawn from ESPN-Star by Channel 9, the host broadcaster, on the third morning of the Sydney Test, the day which the exchange between Harbhajan and Symonds took place. "Through the first Test and on the first two days in Sydney there was uninterrupted feed from the stump microphone," a source in ESPN-Star, the Indian broadcaster, told Cricinfo. "But on that morning it was deemed fit that only the host broadcaster should have the complete feed, while we could have access it to it during play." While outlining the procedures for the hearing, set to be held at the Federal Court in Adelaide, Hansen added, "in accordance with normal sporting disciplinary hearings, and previous appeals, the hearing will be in private." He confirmed that the evidence will not be under oath. "It will be a re-hearing," said Hansen, "with evidence being given by all those witnesses who gave evidence to the adjudicator, Mr Procter." Australia will have six representatives at the hearing: Ricky Ponting, Adam Gilchrist, Symonds, Matthew Hayden, Michael Clarke and manager Steve Bernard. India will be represented by Anil Kumble, Harbhajan, Sachin Tendulkar, manager Chetan Chauhan and assistant manager Sridhar. Umpires Mark Benson and Steve Bucknor are expected to be part of the hearing by means of video link.

[Sachinism]

whatever happened to having the mic's being on between overs being illegal

[IndianRenegade]

Why couldn't Channel 9 come up with the recordings then? why only now?

[Sachinism]

because they mic's need to be switched off between overs, so even if they were on and something was recorded that evidence would be counted as null but now they've decided to change the rules w4nkstains

[sandtest]

I dont like the way the things are going for Bhajji. Seems to me symian symonds will walk away scott free, Bhajji will be fined for mouthing off the batsmen, in-sufficient evidence to prove racism charge. Now whatever way they are cleaning their acts,what about racist mofo Proctor ?? is there any punishment for him??

[theguyinallblue]

since its a "rehearing"...who knows... aussies might not press for any charge..Under BCCI pressure..

[theguyinallblue]

BCCI has taken a tough stand on the Bhajji issue... BCCI will pull out of ODI series unless the charge is lifted... and BCCI is not going to recognise any new evidence...

[aussiefan]

and BCCI loses lots of $$$ for a player who is always controversial...if they pull out

[theguyinallblue]

its pittance for BCCI..2-3 millions..

[beetle]

Another curious information to have emerged today is that the feed to the stump microphone was withdrawn from ESPN-Star by Channel 9, the host broadcaster, on the third morning of the Sydney Test, the day which the exchange between Harbhajan and Symonds took place. "Through the first Test and on the first two days in Sydney there was uninterrupted feed from the stump microphone," a source in ESPN-Star, the Indian broadcaster, told Cricinfo. "But on that morning it was deemed fit that only the host broadcaster should have the complete feed, while we could have access it to it during pla This is highly suspicious....

[DomainK]

They then have to prove the authenticity of the feed. Whats the proof that it was indeed originally recorded from the stump microphone and was not tampered with? what could be the reason why channel 9 was sitting over this evidence all the while it existed? They were enjoying the drama?

[aussiefan]

Another curious information to have emerged today is that the feed to the stump microphone was withdrawn from ESPN-Star by Channel 9, the host broadcaster, on the third morning of the Sydney Test, the day which the exchange between Harbhajan and Symonds took place. "Through the first Test and on the first two days in Sydney there was uninterrupted feed from the stump microphone," a source in ESPN-Star, the Indian broadcaster, told Cricinfo. "But on that morning it was deemed fit that only the host broadcaster should have the complete feed, while we could have access it to it during pla This is highly suspicious....

suspicious of what? that they don't give star everything? star is fox here in australia, they are in competition with host broadcaster and would not want to give anything away unnecessarily to a direct competitor..... unless you are saying something else bettle, which you haven't yet

[aussiefan]

India scared of stump mike http://www.hindustantimes.com/StoryPage/StoryPage.aspx?id=2eb3add4-8e6d-40a3-be17-eb87e1628765&ParentID=860a5e40-6e1e-4e41-9363-75dffba9dbea&MatchID1=4628&TeamID1=1&TeamID2=6&MatchType1=1&SeriesID1=1165&PrimaryID=4628&Headline=BCCI+to+refuse+stump+evidence alternate title to thread could be Harbhajan appeal: BCCI to refuse stump evidence but i wanted to get you into the thread Indian board, it is learnt, will not agree if fresh evidence in the form of transcript from a stump microphone emerges in the two-day hearing on Harbhajan Singh's appeal against a ban beginning in Adelaide on Monday. "The evidence could be tampered, it could be doctored. We wouldn't allow this so-called fresh evidence to surface after so many days," stated a highly placed Indian board official on Monday. The day began with the ICC appointed commissioner in charge of the proceedings, Justice John Hansen, outlining the procedures for the hearing. Among other things, the most startling was the procedure in which "additional evidence" in the form of "transcript available from the stump microphone" being used to decide on the case. "There may be some additional evidence, such as the transcript available from the stump microphone, which was not available to Mr (Mike) Procter," the judge from New Zealand said. I S Bindra, a senior BCCI official, has been here since last week and spent evenings with the president of Cricket Australia (CA), Craig O'Connor, in order to thrash out the contentious issue. Harbhajan was slapped with a three-match ban by match referee Mike Procter after the Sydney Test for allegedly racially abusing Andrew Symonds whose point was supported by three members of his team. The word of Sachin Tendulkar, batting partner with Harbhajan, said to the contrary, was not taken into account. The hearing in the appeal against the ban, to be held in private at the Federal Court here tomorrow, will give an opportunity to both the counsels to cross-examine the witnesses though it being a sporting disciplinary hearing, the evidence will not be on oath. Justice Hansen declared that soon after he arrived at a decision, he would forward his ruling to Harbhajan, Procter and the chief executive of the ICC. If Harbhajan was to prove guilty, and the Indian board was to carry its threat, the damages for abandoning the tour could amount to 2.3 million Australian dollars as penalty which to the cash rich Indian board would amount to peanuts.

[Dravid]

stump mikes should beoff between overs..so wtff

[IndianRenegade]

suspicious of what? that they don't give star everything? star is fox here in australia, they are in competition with host broadcaster and would not want to give anything away unnecessarily to a direct competitor..... unless you are saying something else bettle, which you haven't yet

may be it could be mere coincidence. What was Channel 9 doing all this while with the recordings? I don't think its so hard to find the corresponding recording in this modern era.

[kablooee87]

stump mikes should beoff between overs..so wtff

I don't quite understand. Won't the stump mics prove that Bhajji never said what he's accused of?

[Dravid]

I don't quite understand. Won't the stump mics prove that Bhajji never said what he's accused of?

prob will...but y sooo late?? could have been tempered with now

[beetle]

BCCI to refuse stump evidence Ashish Shukla | January 28, 2008 10 Indian board, it is learnt, will not agree if fresh evidence in the form of transcript from a stump microphone emerges in the two-day hearing on Harbhajan Singh's [images] appeal against a ban beginning in Adelaide on Monday. "The evidence could be tampered, it could be doctored. We wouldn't allow this so-called fresh evidence to surface after so many days," stated a highly placed Indian board official today. The day began with the ICC [images] appointed commissioner in charge of the proceedings, Justice John Hansen, outlining the procedures for the hearing. Among other things, the most startling was the procedure in which "additional evidence" in the form of "transcript available from the stump microphone" being used to decide on the case. 'Harbhajan hearing may include new evidence' "There may be some additional evidence, such as the transcript available from the stump microphone, which was not available to Mr (Mike) Procter," the judge from New Zealand [images] said. I S Bindra, a senior BCCI official, has been here since last week and spent evenings with the president of Cricket Australia (CA), Craig O'Connor, in order to thrash out the contentious issue. Both the boards would be hurt if the forthcoming one-day tour was to be abandoned, a posture Indian board has repeatedly taken in the wake of Harbhajan ban. Bindra's effort notwithstanding, it remains to be seen if Cricket Australia indeed could pressurise Australian skipper Ricky Ponting [images] from toning down his team's stated position on the issue. Harbhajan denies abusing Symonds Justice Hansen's statement this morning, ironically, though also opened a window of opportunity. His procedures also affirms that all the witnesses will give a fresh hearing, which could allow the involved parties to change, or readjust, the positions they took in Sydney. Indian board, nevertheless, has been shown in poor light by not arranging any physical legal presence while all this hell has broken loose. No such help was present in Sydney, nor is one going to be present here even though VR Manohar, father of the BCCI president-elect Shashank Manohar, would offer his guidance over phone from India. Indian board, as well as the players, have made it clear that they would boycott the tour if the ban as well as the alleged racist remark attributed to Harbhajan is upheld. Indian board wouldn't like to be seen as not championing the cause of Indian players, something which the previous Board regime under Jagmohan Dalmiya did so adroitly. The cricket circle here though is abuzz with the word that an "evidence" exists which puts Harbhajan, and even Sachin Tendulkar [images], in poor light. Harbhajan was slapped with a three-match ban by match referee Mike Procter after the Sydney Test for allegedly racially abusing Andrew Symonds [images] whose point was supported by three members of his team. The word of Sachin Tendulkar, batting partner with Harbhajan, said to the contrary, was not taken into account. The hearing in the appeal against the ban, to be held in private at the Federal Court here on Tuesday, will give an opportunity to both the counsels to cross-examine the witnesses though it being a sporting disciplinary hearing, the evidence will not be on oath. Justice Hansen declared that soon after he arrived at a decision, he would forward his ruling to Harbhajan, Procter and the chief executive of the ICC. If Harbhajan was to prove guilty, and the Indian board was to carry its threat, the damages for abandoning the tour could amount to 2.3 million Australian dollars as penalty which to the cash rich Indian board would amount to peanuts. http://ia.rediff.com/cricket/2008/jan/28bcci.htm

[kablooee87]

The fact that many are already getting the excuses and defenses lined up is very telling. Does nobody think the new evidence will clear him? Isn't that what people were saying before?