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Indian Captain Sourav
Ganguly remains suspended from international cricket after the
independent arbitrator, Justice Albie Sachs, upheld the ICC?s Code of
Conduct and the process used to charge and suspend him for slow over
rates.
In reaching his decision, Justice Sachs, formed the view that while
the application of the code by the Match Referee and the ICC Appeals
Commissioner was correct, the penalty imposed was too severe in the
circumstances and reduced his suspension from six to four matches.
On the specific points raised by the Board of Control of Cricket in
India relating to the process by which the matter was dealt with,
Justice Sachs reached the following conclusions:
1. On the Regulations as they stand the principles of natural justice
would
not have required an oral hearing for Sourav Ganguly when the appeal
was
being considered.
2. It would not be permissible to go behind the published text of the
Code
of Conduct as it appears in the Blue Book.
3. Looked at as a whole, Clauses J, C 1 and CC do disclose a
chargeable offence
based on failure to meet the minimum required over-rate.
4. Such charge does not require proof of deliberate intent.
In considering the issue of the penalty, Justice Sachs conclude that
more weight should have been given to the fact that the Indian side
was only five overs behind the required rate.
Having already missed two games, the decision means that Ganguly will
miss the next two ODI matches that India participates in before taking
his place in the Indian side if selected.
ICC President, Mr Ehsan Mani, said that he was pleased that issue was
now finally resolved.
Justice Sachs has dealt with all the issues raised by the BCCI in full
and highlighted the fact that the process and application of the rules
was appropriate,? said Mr Mani.
His decision underlines the central role that captains have in
ensuring their teams adhere to the rules that are in place and the
Match Referees will continue to apply and police these rules without
fear of favour.
I am pleased that this is now finally resolved and that the ICC and
the BCCI are able to move forward and that Mr Ganguly will be able to
resume his international career once his suspension is concluded. |
