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NEWS Benaud upholds ban on Gibbs25th Jan 2007 15.26 IST By Agencies South African batsman Herschelle Gibbs will miss one Test match and two one-day internationals after ICC Code of Conduct Commissioner Richie Benaud today rejected his appeal against a ban imposed by match referee Chris Broad. The decision means that Gibbs will not be eligible for his side's third Test against Pakistan starting in Cape Town tomorrow and would also miss the first two ODIs of the five-match series, which will follow the Tests.
"I am satisfied that (match referee) Chris Broad handled those (procedural matters) 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 Mr. Broad is correct and accordingly the appeal is dismissed," Benaud said. Benaud's decision follows yesterday's teleconference involving the player, his legal representative, Broad, a legal representative acting on his behalf and ICC In-House Lawyer Urvasi Naidoo, who was present in an administrative capacity. Gibbs had appealed against the two-Test ban imposed on him by ICC after his racist remarks against some Pakistani fans were overheard through a stump microphone before the lunch interval on the fourth day of the first Test match at Centurion. Gibbs was found guilty of a Level 3 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." Benaud wrote in his decision "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. "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," he was quoted as saying in a press release issued by ICC. Benaud, however, said it did not mean Gibbs was a racist. "At Chris Broad's hearing (Pakistan team manager) Talat Ali spoke about the offence the words used by Herschelle would give to the whole Pakistan nation. I am not surprised. "However, as an Appeals Commissioner and a person, 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)," he said. Also View Team Page: South Africa Team Page: Pakistan | LIVE CRICKET COVERAGE NEWS ~ Gilchrist has no plans to retire after World Cup ~ Ganguly's new batting approach may cost him sixer record ~ India 'squash the Orange' in World Cup warm-up game ~ Symonds gets a new hairdo for World Cup ~ Dhoni readies himself for stand-up act at World Cup (more in NEWS) FACE-TO-FACE ~ 500-mark a possibility in World Cup: Hayden ~ Minnows add charm to World Cup: Dravid (more in FACE-TO-FACE) COLUMNS ~ Will Sri Lanka replicate 1996 World Cup success? (more in COLUMNS) OFF-THE-FIELD ~ Ganguly again the darling of corporate world ~ Ganguly roped in as brand ambassador of Puma (more in OFF-THE-FIELD) PLAYERS Sachin Tendulkar, Sourav Ganguly, Rahul Dravid, Anil Kumble (more PLAYERS) TEAMS India, South Africa, Pakistan, Sri Lanka, Australia, West Indies, Zimbabwe, England, New Zealand, Bangladesh, Kenya, Holland | 
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