Harbhajan judge cites 'uncertainty'

The 27-year-old was originally found guilty by International Cricket Council match referee Mike Procter of using the insult in the second Test between Australia and India in Sydney earlier this month.

But Justice John Hansen overturned the decision on Tuesday along with the three-match ban imposed by Procter, saying it was unclear whether Harbhajan had used the word "monkey" or the Punjabi insult "teri maki".

In his summation, released by the ICC on Tuesday, Hansen said: "I have not been persuaded to the necessary level required that the words were said.

"I am not sure they were.

"I am left with an honest uncertainty as to whether or not they were said given the possibility of misunderstanding through different languages, accents and cultures, and the fact that none of the Australian players appeared to hear any other words said by Mr Singh."

Harbhajan was initially found guilty under section 3.3 of the ICC code of conduct, which relates to "using language or gestures that offends, insults, humiliates, intimidates, threatens, disparages or vilifies another person on the basis of that person's race, religion, gender, colour, descent or national or ethnic origin".

But Hansen revealed that Symonds himself did not feel the incident fitted that description.

He said: "(Cricket Australia's advocate Brian Ward) confirmed that Mr Symonds took the language to be offensive and seriously insulting but did not consider it fell under the requirements of 3.3."