DURBAN, Oct 2: South African opener Herschelle Gibbs is unlikely to be penalised by the country's cricket board even if he refuses to tour India for two-match Test series.

Gibbs as well as his team-mate Nicky Boje fear being interrogated by Indian police in connection with match-fixing scandal that rocked the cricket world in 2000.

United Cricket Board of South Africa (UCB) spokesman Gerald de Kock said the call on whether to tour rested with Gibbs.

He also said UCB did not yet consider Gibbs unavailable because there was a possibility Indian police could assure the board the player would not be arrested. UCB has so far not received any answer from Indian police on the matter.

"It won't be a black mark against his name if he doesn't tour. But it's still not definite that he won't go to India," De Kock said.

After King Commission inquiry into match-fixing, Gibbs was banned from cricket for six months and fined Rand 60,000.

Recently Gibbs and Boje answered an Indian police questionnaire relating to team's tour of India in 2000.

The team for series against India is expected to be selected next week and although Gibbs seems to be off form, he is a certainty for the tour.-PPI