Nearly a month after match referee Mike Procter banned Harbhajan for three Tests following an Australian complaint that he had racially abused all-rounder Andrew Symonds by calling him a “big monkey”, the ICC panel decided that the charge could not be proved.

Instead, with Harbhajan pleading guilty to a lesser offence — using offensive language in field during the Sydney Test — he was docked 50% of his match fees.

The verdict, apparently, was the result of hectic negotiations between the BCCI and Cricket Australia (CA) which finally managed to convince its players’ union on the compromise formula.

As a result, as soon as ICC-appointed New Zealand judge John Hansen initiated the hearing on the case this morning, he was handed a letter signed by Harbhajan and Symonds, seconded by the captains of both teams, which asked for the charges to be dropped so that the “game could go on”.

Then came the verdict, in the form of an ICC statement, which said: “Justice Hansen said he was convinced that, on all the evidence submitted before him, the charge of a Level 3.3 offence was not proven but that Harbhajan should be charged with a Level 2.8 offence. Harbhajan pleaded guilty to this charge and¿ Justice Hansen imposed a fine of 50 per cent of his match fee.”

BCCI president Sharad Pawar termed the verdict as “fair” and added, “The judge has given a proper judgement. BCCI was consistently taking only one stand that it was practically impossible for us to accept the racist charges against any Indian player. And the honourable judge has accepted BCCI’s view and racist charges have been dropped.”

However, the verdict is sure to generate some heat in the Australian camp with the AAP news agency reporting within minutes of the verdict that “the all-powerful Indian cricket board has enjoyed one of its biggest off-pitch wins with spinner Harbhajan Singh cleared of racial abuse to ensure India completed its multi-million dollar tour of Australia.” Later, joint BCCI-CA statement said both the teams and their captains were “satisfied” by the verdict. A relieved Indian Test skipper Anil Kumble said it was finally time “we move on”. “I would like to express my thanks to all those who have supported our cause — the Australian cricket team, Cricket Australia — for coming together with us to ensure we move on,” said Kumble, adding, “This matter was lingering on for last two weeks although we played cricket. I am happy and relieved not only for Harbhajan but also for cricket... It’s been a fantastic result and I am sure cricket would be the winner.”

Earlier this morning, Harbhajan was represented at the hearing — via video-conference from the BCCI Hqs in Mumbai — by lawyer V R Manohar, father of BCCI president-elect Shashank Manohar. “A racial remark is a very big crime. He (Harbhajan) has been acquitted from that and now he has been charged for other type of abuse,” said Manohar, adding, “Harbhajan admitted that he abused Symonds but he did not call him a ‘monkey’ or a ‘big monkey’. “

During the hearing that lasted four hours, oral evidence was called by John Jordan S C, counsel assisting Judge Hansen. The hearing also heard evidence from all witnesses to the controversial exchange between Harbhajan and a number of Australia players including Symonds, Matthew Hayden, Michael Clarke and Ricky Ponting. The Indian side was represented by Harbhajan, Sachin Tendulkar and assistant manager M V Sridhar.

The Harbhajan controversy had threatened to split world cricket after Australia captain Ricky Ponting complained to the umpires after the third day of the second Test in Sydney that Harbhajan had racially abused Symonds. With India losing that Test due to some atrocious umpiring decisions mainly by Steve Bucknor, and Procter banning Harbhajan based on oral evidence from the Australians, the Indian camp put its foot down, refusing to continue the tour till Harbhajan was cleared of the racist tag. The ICC, however, managed to cool tempers by replacing Bucknor, and India went on to win the next Test in Perth and draw the final one in Adelaide — the series ended 2-1 for Australia.