|Ground:||Feroz Shah Kotla, Delhi|
|Scorecard:||India v Australia|
|Player:||G Gambhir, SR Watson, Aleem Dar, BF Bowden, SL Shastri, BC Broad|
|Event:||Australia in India 2008/09|
DateLine: 2nd November 2008
Justice Albie Sachs has been appointed to hear the appeal of Gautam Gambhir against the finding that the India opener was guilty of conduct contrary to the Spirit of Cricket during the third Test against Australia at New Delhi.
Justice Sachs is a senior judge on the Constitutional Court of South Africa and is Cricket South Africa’s appointment on the ICC Code of Conduct Commission.
The ICC received official notification of the appeal from the Board of Control for Cricket in India (BCCI) on Friday and the ICC Head of Legal David Becker appointed Justice Sachs later the same evening in accordance with ICC Code of Conduct processes.
Justice Sachs will issue further directions as regards the hearing in due course. The process indicates that the appeal should be heard within seven days of the commissioner being appointed.
Gambhir was banned for one Test by Emirates Elite Panel ICC Match Referee Chris Broad on Friday after he pleaded guilty to a charge under Rule C1 of the Code (Level 2) which states that players shall at all times conduct play within the spirit of the game.
The incident that led to the charge being laid took place during the 51st over of India ’s first innings on day one of the Test match when there was a coming-together of Gambhir and Shane Watson of Australia.
The charges were laid by on-field umpires Billy Bowden and Aleem Dar, both of the Emirates Elite Panel, and third official Suresh Shastri of the Emirates International Panel.
Under the provisions of the ICC Code of Conduct, Justice Sachs has the power to increase, decrease, amend or otherwise substitute his own decision from that made at the previous hearing, and his decision is final and binding.
Once Justice Sachs has reached his decision, he must provide it in writing to Mr Becker, who will then forward it to Gambhir, Broad and ICC Chief Executive Haroon Lorgat ahead of any public announcement.
The ICC Executive Board recently approved an amendment to the Code of Conduct to the effect that a player who is unsuccessful with his appeal shall have to bear the costs of that appeal.
In the mean time, according to the Code of Conduct regulations, Gambhir may continue to play pending verdict of the appeal being given.
The full text of the ICC Code of Conduct and its processes can be found at: http://in.yimg.com/icccricket/pdfs/code-of-conduct-for-players-and-officials.pdf