Adelaide, Jan 30 (IANS) New Zealand Judge John Hansen, appointed by International Cricket Council (ICC) during the fresh hearing of the racism charges against Harbhajan Singh, has ruled that it was Andrew Symonds who had provoked the Indian off-spinner.
Hansen gave details of the five and a half hours' hearing at Adelaide's Federal Court Wednesday and revealed what Australian and Indian players had said during the proceedings. Hansen cited lack of evidence to punish Harbhajan Singh for racial offence, and charged him for the lesser offence of verbal abuse here Tuesday.
He also said that even if Harbhajan's has used the 'alleged' word for Symonds, it couldn't have been termed racist under level 3.3 of the ICC's code of conduct.
Hansen in his judgment also made a point that Symonds unnecessarily got involved between Harbhajan and Brett Lee during the Sydney Test match.
Harbhajan had patted Lee during the match and told him 'well bowled'. Symonds took it to be Harbhajan sledging Lee and swore at the India spinner.
Symonds, during the hearing, also admitted that he provoked an argument with Harbhajan during second Test in Sydney.
When Hansen asked Symonds whether he had an objection to Harbhajan patting Lee, the Australian player said: 'Did I have an objection to it? My objection is that a Test match is no place to be friendly with the opposition player.'
To this Hansen replied: 'I hope your view is not shared by all international cricketers - it would be a sad day for cricket if it is.'
Symonds also accepted that Harbhajan was speaking in Hindi or Punjabi - a statement which proves the Indian's claim that the Australians had misunderstood what the spinner had said.
Symonds also acknowledged that he broke an agreement he had with Harbhajan of not to abuse each other, which both players had signed after a sledging incident in India late last year.
Symonds earlier alleged that Harbhajan called him 'monkey'. Harbhajan insists that he abused Symonds in Hindi, which the Australian misinterpreted as monkey.
Indian batsman Sachin Tendulkar told Hansen that both Symonds and Harbhajan had used swearwords.
Harbhajan was cleared of the racial abuse charge Tuesday but was fined half his match fee under the 2.8 level of offence.
