ADELAIDE, Jan 28: A recording from the stump microphone could be used as evidence in Indian star Harbhajan Singh’s appeal against a three-Test ban for alleged racist comments, a judge said on Monday.

Harbhajan was suspended for three Tests for allegedly calling Australian player Andrew Symonds a “monkey” in the contentious second Test against Australia.

ICC match referee Mike Procter based his decision on the evidence of several players from both sides about what transpired.

Justice John Hansen, who will hear the two-day appeal starting here on Tuesday behind closed doors, said on Monday he may hear new evidence.

“This will be a re-hearing, with evidence being given by all the witnesses who gave evidence to the adjudicator, Mr Procter,” he said.

“There may also be some additional evidence, such as the transcript available from the stump microphone, which was not available to Mr Procter.”

India are still considering their response should the appeal fail, having already threatened to cancel their tour.

After the Test series, the Indians are scheduled to face Australia and Sri Lanka in a triangular one-day tournament.

Under International Cricket Council guidelines, the appeal should have been held within seven days of Justice Hansen’s appointment, but instead it was delayed until after the Test series.

Justice Hansen said it wasn’t feasible to hold the hearing within the seven-day period.

“The simple logistics of the matter did not allow the hearing to be convened with seven days,” he said.

Justice Hansen said his verdict would be delivered in writing to all parties, and the ICC for ratification, and then made public.—AFP