Gibbs racist comment ban upheld

South Africa's Herschelle Gibbs has had his appeal against a ban for making racist comments rejected.

Gibbs was heard on a stump microphone making comments about Pakistan fans during the first Test at Centurion.

He will now miss the third Test, which starts on Friday, a one-day match and a Twenty20 international.

However, appeals commissioner Richie Benaud, the former Australia captain, said: "I certainly do not consider Herschelle to be a racist".

Benaud heard the appeal on Wednesday in a teleconference also involving Gibbs, ICC match referee Chris Broad and their legal representatives.

Gibbs' comments were made after team-mate Paul Harris was verbally abused by members of the crowd.

He was found guilty of "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".

"Players, no matter where they may be, should always bear in mind that a microphone could be live"

Richie Benaud

He played in the second Test, which Pakistan won to level the series at 1-1, pending his appeal hearing.

International Cricket Council rules say a player must serve the suspension in the next matches in which he was scheduled to play.

Gibbs' representatives had claimed the stump microphones should have been switched off as outlined in an ICC memo, and that invalidated the evidence.

However Benaud, one of the ICC's most experienced appeals commissioners, did not feel that was valid grounds for an appeal.

"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," he wrote in his verdict.

"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."

South Africa captain Graeme Smith said he was disappointed at losing Gibbs and hoped to discuss the issues with ICC general manager David Richardson and chief executive Malcolm Speed.

"We have one or two gripes with the ICC, I guess, and maybe this is not the forum to discuss it," he said at a media conference before the third Test.

"Maybe we need to get on the phone with Dave Richardson and Malcolm Speed and discuss these things.

"We just want to see consistency in decision making around the world. We've experienced things that haven't been dealt with."

Smith was believed to be referring to incidents in Australia last season, when it was alleged racist remarks were made against the South African players by spectators.