A Code of Conduct Commissioner will be appointed by Wednesday to hear Harbhajan Singh's [Images] appeal against the ban, according to ICC [Images] CEO Malcolm Speed [Images], who refused to accept that BCCI had "triumphed" by getting umpire Steve Bucknor replaced and clearance for the off-spinner to play pending his appeal.

Addressing a press conference in Melbourne on Tuesday, Speed said Harbhajan was free to play the third India-Australia Test that gets underway at Perth on January 16 pending his appeal.

Speed vehemently denied it was a triumph for the cash-rich Indian cricket board and said the steps were taken in the best interests of the game.

"I would like to think that the game has had a win," he said.

"We have been able to take a decision that will take some of the tension out of the situation and enable both the teams to focus on cricket," Speed said.

The ICC official also did not see any threat to the tour and hoped it would move on without any hiccup.

"I believe the final two Tests would go ahead. I think the practice match in Canberra will be played over the next few days and the Perth and Adelaide Tests will also be played," he said.

While announcing about the imminent appointment of a Code of Conduct Commissioner, Speed also spelled out the procedure that allows Harbhajan to play in Perth.

"The code of conduct says if an appeal decision is not given before a match then that player is available to be selected.

"It has happened before where players have appealed and they have been available to play pending that appeal," Speed said.

The evidence presented in the hearing before Match Referee Mike Procter would be looked again by the Commissioner, Speed said.

"It involved some 10 players and officials who have dispersed. They will probably re-assemble before the third Test in Perth but I don't know whether it will be able to happen before the third Test match or the next Test match," he said.