Herschelle Gibbs’s appeal against the ban imposed by Chris Broad following an incident during the first Test between South Africa and Pakistan at Centurion has been rejected by Richie Benaud, the International Cricket Council’s (ICC) code of conduct commissioner.
The original punishment was a two-Test ban, but Benaud has ruled this will now be one Test and two one-day internationals (ODIs), and the ban has to apply to the next matches the player is scheduled to play.
By appealing, Gibbs was able to take part in the second Test. He will now miss the third Test starting at Cape Town on Friday as well as the first two ODIs of the five-match series between the two sides.
The charge against Gibbs, which was laid by Malcolm Speed, the ICC’s chief executive, related 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.
Benaud spoke at length on the telephone to Gibbs and his legal representative, and announced his decision on Thursday.
”It was put to me that the fact the remarks in question were heard through stump microphones on the ground should invalidate the whole matter,” Benaud said, explaining that the ICC was aware that there were issues with stump microphones not being switched off at the right times.
”That, though, is ICC policy rather than a law or playing condition of the game and Chris Broad, in his decision, gave Gibbs full mitigation for the fact that the stump microphones had been left on by the television network.
”With the benefit of some experience I am able to add that players, no matter where they may be, should always bear in mind that a microphone could be live. That does not just apply to stump microphones used by television networks, but it could be in a radio studio or in a press conference with the print media. There is no malice about it, but it could happen just because someone has not pushed a button or pulled a switch.
”It is precisely the same in the television commentary box for a television commentator. If you do not use the words, they do not get to air.”
However, Benaud said he did not believe there was any evidence that Gibbs’s comments were in any way racially motivated. ”I certainly do not consider Herschelle to be a racist and I take great exception to the suggestion, in the same way I believe Chris Broad would object [to suggestions his finding would do the same].”
Benaud also expressed surprise that South Africa’s players did not draw the attention of match officials to the abuse they were receiving from sections of the crowd. ”I find it extraordinary that, apparently, the umpires were never brought into the problem by the captain or the players, or by Gibbs himself.
”On the question of procedural matters, I am satisfied that Chris Broad handled those in straightforward fashion, that no justice was denied. The player admitted using the words and unfortunately they went to the world. My view is that the sentence imposed by Broad is correct and accordingly the appeal is dismissed.
Gibbs was found guilty of a level three offence, 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.” — Sapa