Analyzing Judge Hansen's judgement
When I read the full text of Judge Hansen's decision
that Harbhajan Singh did not racially abuse Andrew Symonds
at Sydney, a few things were very interesting.
- The inefficiency of the ICC: Justice Hansen was not informed about Harbhajan Singh having already been previously pulled up by match referees for various offenses. This information would have resulted in a far stricter penalty.
- The statement of agreed facts signed by Harbhajan, Ponting, Symonds, Clarke, Gilchrist and Tedulkar (sic) and presented to Hansen clearly indicates that Symonds initiated the verbals, including using 'fuck'. As per #13 in the judgement, Symonds told Harbhajan that he had no friends amongst the Australians and used the 'fuck' word. Did he mean to tell Harbhajan "You have no fucking friends amongst the Australians" or was it meant to be "You have no friends amongst the fucking Australians"?
- #7 in the judgement says 'It is apparent that while there was acceptance that the exchange between the appellant and Mr Symonds was initiated by Mr Symonds and was heated in that the word 'fuck' was used no other details of the language used was given. However it was accepted by all parties that it was and intended to be offensive to Mr Symonds.' Does this imply that Symonds using abusive language was not offensive to Harbhajan? It is obvious that Harbhajan was offended, for he wouldn't have reacted the way he did.
- Like I wrote in a comment on my first post on the issue, Brett Lee's silence is baffling. Harbhajan patted/hit him. If he didn't have a problem, why on earth did Symonds have a problem? This is a clear indicator that he was itching for a fight. Were the Aussies ganging up on Harbhajan in a conspirational manner to provoke him, knowing fully well that he'd respond in kind, and then accuse him of a racist abuse (regardless of whether he actually said it or not)?
- From #12 and #14 in the judgement, it is obvious that Symonds was the provocateur. I don't understand why he got away without any penalty. Again, if the BCCI is convinced that Symonds provoked Harbhajan, why shouldn't it file a defamation suit on Harbhajan's behalf since its contracted player suffered mental anguish on account of being accused of a racist comment?
- If 'teri maa ki' is offensive to Symonds, 'bastard' was (meant to be) offensive to Dhoni and Kumble. It baffles me why the BCCI/Indian team withdrew charges against Hogg. The only explanation I have is that they didn't want a situation where he wouldn't bowl against them in the series.
Labels: australia, harbhajan, icc, ind v aus 2008, india, racism, sydney, sydney 2008, symonds