The judge rules: Symonds provoked Harbhajan

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New Delhi: John Hansen, the New Zealand judge who heard the racism charge against Harbhajan Singh, has said that Australian all-rounder Andrew Symonds had made an unprovoked attack on the Indian spinner.

Hansen, who was appointed by the International Cricket Council (ICC), on Tuesday ruled that there was not enough evidence to punish Harbhajan for racial abuse but charged him with the lesser offence of using abusive language.

Harbhajan was fined half his match fee, but the charge against him that he called Symonds “monkey” was dismissed.

Hansen on Wednesday gave details of the 5-1/2 hour hearing at Adelaide's Federal Court yesterday and revealed what Australian and Indian players said during the proceedings.

Hansen said that even if Harbhajan had used the word "alleged" it wouldn't be an offence under Level 3.3 of the ICC’s code of conduct.

Symonds, at the hearing, acknowledged that he provoked an argument with Harbhajan during second test in Sydney.

CNN-IBN’s sports editor Gaurav Kalra, reporting from Australia, says a copy of Hansen’s judgment makes it clear that Symonds had no reason to get involved in the banter between Harbhajan and Brett Lee.

Harbhajan patted Lee during the Sydney Test and told him “well bowled”. Symonds misinterpreted this and thought Harbhajan was sledging Lee and he swore at the India spinner.

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.”

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 admitted that Harbhajan was speaking in Hindi or Punjabi—a statement which backs the Indian team’s claim that the Australians had misunderstood what the spinner said.

Symonds also admitted that he broke an agreement he had with Harbhajan not to abuse each other. The two players had made the agreement after a sledging incident in India late last year.

Symonds had earlier alleged that Harbhajan had called him a “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.

(Reporting by Gaurav Kalra)