Gibbs' appeal date confirmed for 24 January

Herschelle Gibbs’ appeal against the ban of two Test matches imposed upon him for breaching the ICC’s Code of Conduct will take place via teleconference on Wednesday 24 January, the ICC confirmed today.

The hearing will be conducted by former Australia captain Richie Benaud, that country’s nominee as a Code of Conduct Commissioner, who is acting as the Appeals Commissioner in this matter.

The teleconference will also involve Gibbs, his legal representative, ICC match referee Chris Broad and a legal representative acting on his behalf. ICC In-House Lawyer Ms. Urvasi Naidoo will also be present on the call in an administrative capacity.

Under the terms of the appeals procedure, Mr Benaud has seven days in which to hear and determine the appeal following his appointment as Appeals Commissioner.

That appointment was confirmed on Thursday 18 January and the appeal will therefore be processed in advance of South Africa’s third Test match against Pakistan in Cape Town, due to commence on Friday 26 January.

Mr Benaud 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.

Once Mr Benaud has reached his decision, he must provide it in writing to the ICC’s In-House Lawyer, who will then forward it to Gibbs, ICC match referee Chris Broad and ICC Chief Executive Officer Malcolm Speed ahead of any public announcement.

Gibbs is appealing the ban imposed after the match referee found him guilty of a Level 3 offence, specifically a breach of clause 3.3 of the ICC Code of Conduct.

That clause prohibits “…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.”

The charge, laid by Malcolm Speed, relates to an incident that took place shortly before the lunch interval on Sunday, the fourth day of the first Test between the two sides at Centurion, when Gibbs’ comments were overheard through a stump microphone on the ground.

The hearing was conducted by Chris Broad of the Emirates Elite Panel of match referees after the Test concluded on Monday 15 January. Gibbs apologized for the remark but pleaded not guilty to the Level 3 charge.

Richie Benaud, who will hear the appeal, is one of the longest-serving members of the ICC Code of Conduct Commission and is universally respected as a highly knowledgeable and impartial observer of cricket.

He captained Australia in 28 of his 63 Tests, leading the side when it regained The Ashes against England with a 4-0 series win in 1958/59 and, after retiring as a player, he has forged an outstanding career as a broadcaster and journalist.

The full list of ICC Code of Conduct Commissioners can be found at: http://www.icc-cricket.com/icc/about/coc.html

Full details of the appeal process can be found within the ICC Code of Conduct for Players and Team Officials, which is located at: http://www.icc-cricket.com/icc/rules…-officials.pdf

Source
http://www.icc-cricket.com/icc-media…ry/277288.html

Well lets see if justice is done or not when it comes to a player from beloved SA.

The ICC is always quick to mete out harsh punishment to players from Pak, SLA and India. Lets see what Uncle Benaud does now. I personally think the two-match ban will be upheld. At the very least Gibbs will miss the last test.

Re: Gibbs' appeal date confirmed for 24 January

With ICC's rampant double standards, anything is possible.

Re: Gibbs' appeal date confirmed for 24 January

[quote]
Well lets see if justice is done or not when it comes to a player from beloved SA.

The ICC is always quick to mete out harsh punishment to players from Pak, SLA and India. Lets see what Uncle Benaud does now. I personally think the two-match ban will be upheld. At the very least Gibbs will miss the last test
[/quote]

let see indeed...
I agree, he will probably be unable to reduce the 2 match ban.

Re: Gibbs’ appeal date confirmed for 24 January

Decision expected tomorrow. Hope they uphold the 2 test ban.

http://www.sportsfeatures.com/index.php?section=pp&action=show&id=36291

Re: Gibbs’ appeal date confirmed for 24 January

**Gibbs racist comment ban upheld **

Gibbs will now miss the thrid Test and two one-day internationals
South Africa’s Herschelle Gibbs has had his appeal against a ban for making racist comments rejected.
Gibbs was heard on a stump microphone making comments about Pakistan fans during the first Test at Centurion.

He will now miss the third Test, which starts on Friday, a one-day match and a Twenty20 international.

However, appeals commissioner Richie Benaud, the former Australia captain, said: “I certainly do not consider Herschelle to be a racist”.

Benaud heard the appeal on Wednesday in a teleconference also involving Gibbs, ICC match referee Chris Broad and their legal representatives.

Gibbs’ comments were made after team-mate Paul Harris was verbally abused by members of the crowd.

He was found guilty of “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”.

‘Players, no matter where they may be, should always bear in mind that a microphone could be live’ Richie Benaud.

He played in the second Test, which Pakistan won to level the series at 1-1, pending his appeal hearing.

International Cricket Council rules say a player must serve the suspension in the next matches in which he was scheduled to play.

Gibbs’ representatives had claimed the stump microphones should have been switched off as outlined in an ICC memo, and that invalidated the evidence.

However Benaud, one of the ICC’s most experienced appeals commissioners, did not feel that was valid grounds for an appeal.

“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,” he wrote in his verdict.

"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.”

South Africa captain Graeme Smith said he was disappointed at losing Gibbs and hoped to discuss the issues with ICC general manager David Richardson and chief executive Malcolm Speed.

“We have one or two gripes with the ICC, I guess, and maybe this is not the forum to discuss it,” he said at a media conference before the third Test.

"Maybe we need to get on the phone with Dave Richardson and Malcolm Speed and discuss these things.

“We just want to see consistency in decision making around the world. We’ve experienced things that haven’t been dealt with.”

Smith was believed to be referring to incidents in Australia last season, when it was alleged racist remarks were made against the South African players by spectators.

BBC.

No surprises in this decision especially being made by an Australian.

Re: Gibbs’ appeal date confirmed for 24 January

So the fact that he said it is less important than it was recorded and heard live! :smack:

What are they going to talk about? How to get these animal terrorists under control… so bogus…:snooty:

You did not push the Aussie incident becuase they were like you…and you knew it was just basic drunken chanting from the crowd… not because it was a paki crowd member saying something to your high class gora players…:snooty:

Re: Gibbs’ appeal date confirmed for 24 January

One of the match bans was applied to a 20-20 :rolleyes:, yet Gibbs and Smith are still biching about the decision.

I hope they get whooped in the last test. :slight_smile: