Justice Sachs upholds ICC Code of Conduct

Indian Captain Sourav Ganguly remains suspended from international cricket after the independent arbitrator, Justice Albie Sachs, upheld the ICC's Code of Conduct and the process used to charge and suspend him for slow over rates.

Brendan McClements

28-Jul-2005

In reaching his decision, Justice Sachs, formed the view that while the application of the code by the Match Referee and the ICC Appeals Commissioner was correct, the penalty imposed was too severe in the circumstances and reduced his suspension from six to four matches.

On the specific points raised by the Board of Control of Cricket in India relating to the process by which the matter was dealt with, Justice Sachs reached the following conclusions:

On the Regulations as they stand the principles of natural justice would not have required an oral hearing for Sourav Ganguly when the appeal was being considered.
It would not be permissible to go behind the published text of the Code of Conduct as it appears in the Blue Book.
Looked at as a whole, Clauses J, C 1 and CC do disclose a chargeable offence based on failure to meet the minimum required over-rate.
Such charge does not require proof of deliberate intent. In considering the issue of the penalty, Justice Sachs conclude that more weight should have been given to the fact that the Indian side was only five overs behind the required rate.

Having already missed two games, the decision means that Ganguly will miss the next two ODI matches that India participates in before taking his place in the Indian side if selected.

ICC President, Mr Ehsan Mani, said that he was pleased that issue was now finally resolved.

"Justice Sachs has dealt with all the issues raised by the BCCI in full and highlighted the fact that the process and application of the rules was appropriate," said Mr Mani.

"His decision underlines the central role that captains have in ensuring their teams adhere to the rules that are in place and the Match Referees will continue to apply and police these rules without fear of favour."

"I am pleased that this is now finally resolved and that the ICC and the BCCI are able to move forward and that Mr Ganguly will be able to resume his international career once his suspension is concluded."

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