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Harbhajan cleared of racist remarks
29 January 2008
The 27-year-old was initially found guilty of racially abusing Symonds by ICC referee Mike Proctor after allegedly directing a "monkey" insult at the mixed-race all-rounder during the second Test of the four-match series at the Sydney Cricket Ground (SCG).
But at an appeal in Adelaide on Tuesday, New Zealand High Court Judge John Hansen ruled there was not sufficient evidence to prove an offence under rule 3.3 of the code of conduct, which relates to racially insulting behaviour, but decided Harbhajan should be charged with a Level 2.8 offence.
The off-spinner pleaded guilty to that charge and accepted a fine of 50% of his match fee.
Prior to the hearing, a letter signed by all the players involved - from both Australia and India - was tendered into evidence as an agreed statement of facts as to what took place at the SCG.
Audio and video evidence was presented at the trial, while a full explanation of Justice Hansen's decision will be made on Wednesday.
The Commonwealth Bank triangular series will also go ahead, with the Board of Control for Cricket in India pleased with the outcome of the hearing.
Cricket Australia spokesman Peter Young is keen for both sides to put the unsavoury incident behind them and concentrate on the triangular series involving the two teams and Sri Lanka.
"All parties will move on with the cricket," Young said. "The game is the important thing."
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