Gibbs' appeal rejected, to miss one Test and two ODIs against Pak

Dubai, Jan 25 (UNI) South African batsman Herschelle Gibbs' will have to miss the third Test and the first two ODIs against Pakistan after his appeal against the two-Test ban for hurling racist abuse at spectators was rejected by ICC Code of Conduct Commissioner Richie Benaud today.

Gibbs will not be eligible for the Test starting in Cape Town tomorrow and will be available only for the last three of the five-match ODI series between the two sides that follows.

The original sanction was a ban of two Tests.

Benaud's decision follows a teleconference yesterday involving the player, his legal representative, Chris Broad, a legal representative acting on his behalf and ICC In-House Lawyer Ms Urvasi Naidoo, who was present on the call in an administrative capacity.

Gibbs' appeal related to a charge, laid by ICC Chief Executive Officer Malcolm Speed, following an incident that took place on the fourth day of the first Test match at Centurion, when the player's comments were overheard through a stump microphone on the ground.

Gibbs was found guilty of a Level 3 offence, clause 3.3 of the Code which prohibits using ''...any language or gestures that offends, insults, humiliates, intimidates, threatens, disparages or vilifies another person on the basis of that person's race, religion, colour, descent or national or ethic origin.'' In rejecting the appeal, Benaud wrote: ''It was put to me that the fact the remarks in question were heard through stump microphones on the ground should invalidate the whole matter. '' ''(This is) because of ICC's memo of April 12 2006 which pointed out that there had been some problems with stump microphones not being switched off at the right times. That though is ICC policy rather than a Law or Playing Condition of the game and Chris Broad, in his decision, gave Herschelle Gibbs full mitigation for the fact that the stump microphones had been left on by the television network.'' ''With the benefit of some experience I am able to add that players, no matter where they may be, should always bear in mind that a microphone could be 'live'. That does not just apply to stump microphones used by television networks, but it could be in a radio studio or in a press conference with the print media. There is no malice about it, but it could happen just because someone has not pushed a button or pulled a switch,'' he went on to add.

Despite rejecting the appeal, Benaud was explicit in his view that it did not mean Gibbs was a racist.

''At Chris Broad's hearing (Pakistan team manager) Talat Ali spoke about the offence the words used by Herschelle would give to the whole Pakistan nation. I am not surprised. (However), as an Appeals Commissioner and a person, I certainly do not consider Herschelle to be a racist and I take great exception to the suggestion, in the same way I believe Chris Broad would object (to suggestions his finding would do the same),'' he said.

In his judgment, Benaud expressed surprise the South Africa players did not draw the attention of match officials to the abuse they were receiving from sections of the crowd.

''Talat Ali asked a very pertinent question (at the original hearing) on whether or not the captain or the players, said to have been abused on the boundary, had brought the matter to the attention of the umpires. The answer was ''No, only to the security officers.'' ''I find it extraordinary that apparently the umpires were never brought into the problem by the captain, or the players. Or by Gibbs himself.

''My view is that the sentence imposed by Mr Broad is correct and accordingly the appeal is dismissed,'' he added.

UNI