South Africa racism storm January 22, 2007

Decision on Gibbs's appeal on Thursday

Cricinfo staff

Herschelle Gibbs currently faces a two-Test ban © AFP

Herschelle Gibbs's appeal against his two-Test ban occurred via teleconference on Wednesday and Richie Benaud, Australia's nominee as a Code of Conduct Commissioner, will give his decision tomorrow. Benaud has the power to increase, decrease, amend or substitute his own decision from that made at the previous hearing and his decision will be binding.

Gibbs was banned for two Tests for breaching the ICC's Code of Conduct during last week's first Test between South Africa and Pakistan at Centurion.

He was found guilty of a Level 3 offence under 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."

The charge, laid by Malcolm Speed, the ICC's chief executive, relates to an incident that took place shortly before the lunch interval on the fourth day of the match, when Gibbs's comments were overheard through a stump microphone on the ground.

The hearing was conducted by Chris Broad, the ICC's match referee, after the Test concluded on Monday. Gibbs apologised for the remark but pleaded not guilty to the Level 3 charge.

Benaud 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.