First of all sir with all due respect.. In any case when their is a hearing both parties word should be listened by the match referee.
Secondly you can punish the person only if you have evidence. Both the parties are going to say this happened and that but you cant take that as a evidence to the act.
So the way in which Harbajan was banned is not showing great colors to the people reading all this and listening on the television.
First the way in which ICC runs must be corrected and then it has the right to ban a cricker