By IANS
Adelaide : A transcript from the stump microphone will be available as “additional evidence” to a New Zealand judge who will hear the appeal in the racial abuse case against India’s Harbhajan Singh here Tuesday.
This evidence was not available to the International Cricket Council (ICC) match referee Mike Procter when he first heard Australian Andrew Symonds’ allegation that Harbhajan called him a “monkey”, appeals commissioner John Hansen said here Monday.
Following the hearing, Harbhajan was banned for three Tests. But the off-spinner appealed against Procter’s decision and as per the ICC rules an independent appeals commissioner, Hansen, was appointed. He is a high court judge in New Zealand.
Counsels for both sides could cross-examine witnesses, Hansen said here Monday while outlining the procedure he would adopt during the hearing at the federal court here.
According to ICC rules, Hansen, also a member of the ICC Code of Conduct Commission, 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.
The second hearing comes a day after India lost the four-Test series 1-2 to Australia, with the final match ending in a draw at the Adelaide Oval.
“It was felt proper that Mr Singh should have the benefit of a personal hearing in this case. The process of that hearing is left to the discretion of the appeals commissioner, in this case myself,” Hansen told the media.
“However, in this case I have consulted counsel for Mr. Singh and the Board of Control for Cricket in India (BCCI), counsel for Cricket Australia (CA) and counsel assisting me, Mr John Jordan SC,” he said, without taking questions from the reporters.
Hansen pointed out that during the re-hearing, evidence would be given by all the witnesses who had given evidence to Procter.
“There may also be some additional evidence, such as the transcript available from the stump microphone, which was not available to Mr Procter. The witnesses will give viva-voce evidence that will be led by counsel assisting me, Mr Jordan. Opportunity will then be afforded to both the counsels to cross-examine the witnesses,” he said.
“I should add that Section H, Clause 11(e) of the Code of Conduct requires the appeals commissioner to hear and determine the appeal within seven days of appointment.”
Hansen said that he would “consider my decision and reduce it to writing”.
“In accordance with Section H, Clause 11(g) of the Code of Conduct it will be forwarded to Mr Singh, Mr Procter, and the Chief Executive of the ICC. Following that required process I will deliver my decision publicly,” he said.
Justice Hansen has held various judicial offices since 1979 – from 1979 to 1988 in Hong Kong and since 1988, in the High Court of New Zealand. He has also had a life-long involvement with cricket, both as a player and administrator.