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04 July 2009 08:22 BST

ICC upholds Gambhir suspension

Tuesday, 04 Nov 2008 17:14
India opener Gautam Gambhir's appeal fails, meaning he misses final Test against Australia
India opener Gautam Gambhir will miss the final Test match against Australia next week after his appeal against a charge of misconduct was rejected.

Gambhir, who is the leading run-scorer in the series, was cited by the match umpires after an incident where he appeared to elbow Australian all-rounder Shane Watson on the first day of the third Test.

As Gambhir ran between the wickets during the 51st over of the match Watson appeared to raise his arm towards the opener, who went on to score a double century in the match.

Apparently in retaliation, Gambhir seemed to elbow Watson when returning for the second run, leading to the two men being separated by umpire Billy Bowden.

The International Cricket Council (ICC) charged the Indian with a level two breach of clause C1 of the ICC code, which states that players "shall at all times conduct play within the spirit of the game as well as within the laws of cricket".

Watson was charged with a level one breach of the same regulation, for which he was fined ten per cent of his match fee.

In handing down the initial decision to ban Gambhir, ICC match referee Chris Broad said the punishment was "indicative of the fact that any degree of physical contact is unacceptable".

And upholding the ban, ICC code of conduct commissioner Justice Albie Sachs said he had studied video footage, documentary records and written submissions but said "the penalty imposed on him is not so disproportionately severe that I should intervene".

In his written verdict, Justice Sachs explained: "I am prepared to accept that [Gambhir] had been the victim of prolonged and persistent verbal abuse by members of the Australian team, culminating in a moment of anger that led to his unfortunate lapse.

"[But] cricket is not a contact sport. Small collisions can lead to big ones. Players must constantly be on guard to avoid physical contact with opposition players.

"The risk of accidental collision must be cut down. Deliberate collision can never be condoned, however grave the provocation."

Last November Gambhir was also fined 65 per cent of his match fee over a clash with Shahid Afridi in a one-day international against Pakistan.

And Justice Sachs hinted this previous offence may have played a part in his decision.

"[Gambhir] concedes that what he did was unacceptable," Sachs continued.

"It was not the first time. Millions of people saw it. Though his excellence does not require him to be better behaved than mediocre players, it does not give him immunity from the rules of the code of conduct.

"The cricketing world is entitled to expect from him and all cricketers the highest standards.

"The rules against actual or threatened violence against opponents must be strictly enforced. The appeal must fail. The penalty stands."

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