guys read through the judgement at rediff. Judge Hansen did indeed exposed the hollowness of the Aussies
[14] Mr Symonds appears to be saying that he finds it unacceptable that an opponent makes a gesture that recognises the skill of one of his own team mates. In the transcript he stated:
"MR MANOHAR: You had any objection to that patting on the back?
MR SYMONDS: Did I have an objection to it � my objection was that a test match is no place to be friendly with an opposition player, is my objection."
If that is his view I hope it is not one shared by all international cricketers. It would be a sad day for cricket if it is.
[47] I accept that Messrs Hayden, Clarke and Symonds are satisfied themselves that they thought they heard the words "big monkey". Indeed it is clear from the audio material they immediately confronted Mr Singh in this regard. I am satisfied that Mr Singh denied this to Umpire Benson. But we are in a situation where there are cultural, accent and language differences and where it is accepted that some of Mr Singh's remarks were in his own language. Mr Hayden and Mr Tendulkar in particular were impressive witnesses. But their evidence as to what was said by Mr Singh is completely at odds.
Mr Tendulkar said there was offensive words in Mr Singh's native tongue and he also heard abusive language in English between the two.
Mr Hayden says he heard the words "big monkey" but could not recall for the court any other words that were said by either party.
I remind myself that an honest witness remains a witness who may be mistaken. In my view there remains the possibility of a misunderstanding in this heated situation.
As well it is not without significance that the Australian players maintain other than Mr Symonds that they did not hear any other words spoken only the ones that are said to be of significance to this hearing.
This is a little surprising in the context where there was a reasonably prolonged heated exchange.
Indeed Mr Clarke went so far as to say that he did not hear Mr Symonds say anything.
Given Mr Symonds' own acceptance that he initiated the exchange and was abusive towards Mr Singh, that is surprising.
This failure to identify any other words could be because some of what they were hearing was not in English.
[48] As I say the standard to be applied by me is a high one I have to be sure that the words were said. That they were probably said is insufficient. I have not been persuaded to the necessary level required that the words were said. I am not sure they were. I am left with an honest uncertainty as to whether or not they were said given the possibility of misunderstanding through different languages, accents and cultures, and
the fact that none of the Australian players appeared to hear any other words said by Mr Singh. It is quite apparent on any view of the evidence that more than the alleged words were said in the course of the exchange.
[57] Given that is the view of the complainant it is hard to see how the requisite elements of 3.3 could be satisfied. However, given it is an objective interpretation that is not the end of the matter. I must consider if the "ordinary person" would have been offended in a 3.3 sense. That again requires a look at context.
Mr Singh had innocently, and in the tradition, of the game acknowledged the quality of Mr Lee's bowling.
That interchange had nothing to do with Mr Symonds but he determined to get involved and as a result was abusive towards Mr Singh.
Mr Singh was, not surprisingly, abusive back. He accepts that his language was such as to be offensive under 2.8. But in my view even if he had used the words "alleged" an "ordinary person" standing in the shoes of Mr Symonds who had launched an unprovoked and unnecessary invective laden attack would not be offended or insulted or humiliated in terms of 3.3.
Last edited by rkg : 30th January 2008 at 15:47.
Reason: adding to the post
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