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South Africa's Gibbs banned for two Test matches

South Africa's Herschelle Gibbs has been banned for two Test matches after being found guilty of breaching the ICC's Code of Conduct during his side's first Test against Pakistan at Centurion

Brian Murgatroyd
15-Jan-2007
South Africa's Herschelle Gibbs has been banned for two Test matches after being found guilty of breaching the ICC's Code of Conduct during his side's first Test against Pakistan at Centurion.
Gibbs was charged under Level 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 ICC Chief Executive Officer Malcolm Speed, related to an incident that took place shortly before the lunch interval on Sunday when comments were overheard through a stump microphone on the ground.
At the hearing, which was convened by ICC Match Referee Chris Broad of the Emirates Elite Panel after play concluded on Monday, Gibbs apologized for the remark but pleaded not guilty to the Level 3 charge.
Gibbs maintained he was guilty of a Level 1 offence, clause 1.4 which refers to the use of "...language that is obscene, offensive or insulting and/or the making of an obscene gesture."
However, in finding Gibbs guilty of the Level 3 offence, Mr Broad said: "I took into account the mitigating circumstances that the players were provoked by unruly spectators.
"However the remark was racially offensive, the player admitted saying it and on that basis I am content that the level of the charge and the resulting punishment is appropriate.
"Cricket has a zero tolerance of racism, as has been illustrated by the introduction last year of an amended ICC Anti-Racism Code, and this decision is an illustration of that fact."
Players found guilty of a Level 2, 3 or 4 offence have a right of appeal. Such an appeal must be lodged in writing with the ICC's legal counsel within 24 hours of the player receiving the original verdict.
The penalty for a Level 3 offence is a ban of between two and four Test matches or between four and eight ODIs.
The hearing was attended by Gibbs as well as South Africa team manager Goolam Raja and Gibbs' team mates Mark Boucher, Paul Harris and Ashwell Prince, all of whom were present to make the case for mitigating circumstances being considered.
Also at the hearing were Pakistan team manager Talit Ali, assistant manager Asad Mustafa and captain Inzamam-ul-Haq, one of the batsmen at the crease at the time the remarks were made.
Video evidence was used during the course of the hearing.
This ICC Code of Conduct hearing is not connected with the disciplinary hearing into the same incident announced by Cricket South Africa on Monday and set to be held on Tuesday.

Brian Murgatroyd is ICC Manager - Media and Communications