It's unlawful. That's all I can say.
Evidence is not 'a person's word for it'.
I still fail to see why he would call him a monkey. My money is on the "teri maa ki..." (Yo MAMA-translation
)
I certainly hope that your money is locked safely away where you can't touch it or you may find yourself the victim of a lot of scams.
Okay.
Person A is accused of commiting a crime.
Person B (who was at the scene of the crime) says he did commit the crime.
Person C (Who was there as well) Says he did not.
B does not like A.
C likes B.
Is this enough evidence to say that A did the crime?
Maybe not if you put it that way, but that's not even the whole story that we know. How about this:
Symonds gives the story, and says that Harbhajan called him a monkey.
Harbhajan gives the story, and says that he is 100% innocent.
Tendulkar says he didn't say it, other Aussies say he did.
Procter goes away with the evidence, and likely comes up with the following:
An altercation was started when Symonds defended Lee, perhaps overreacting, and as heated words were exchanged between Symonds and Harbhajan, the latter called Symonds a monkey.
He takes into account the fact that there is already tension over this word, and that Harbhajan has expressed a dislike for Symonds and the Australians.
He also takes into account that Harbhajan has no defence, and he does not believe that Symonds is making it up after
hearing both testify. Part of a court trial is hearing the evidence presented. If Symonds' testimony seemed truthful, and Harbhajan's did not, then that presents further reason to find Symonds guilty.
Furthermore, the fact that Tendulkar says that he did not is not reasonable proof, as Tendulkar may simply not have heard it. On the other hand, if other Australians did say that they heard it, then that is a complaining victim
and eyewitnesses, which is more than enough to find guilt. There is no definitive evidence for us to say whether any of them would have been able to hear it, but if they did, then the Aussie side comes off as more convincing as Tendulkar may simply not have heard monkey.
As for the teri maa ki defence, it was not presented at trial (of course a lawyer is going to influence it, but if it is truthful then Harbhajan would have said something rather than 'I just didn't do it' being his defence). It is absolutely a desperate defence and stinks of a last minute thought.
So yes, if I was presented with this evidence, I believe that it's fair to find Harbhajan guilty.