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Australia v India Test series: Cricket Australia chief James Sutherland can still act on Virat Kohli despite ICC ruling

Virat Kohli stands to get away scot free with his unfounded allegations of systemic cheating unless Cricket Australia chief James Sutherland exercises a rarely used power and slaps a charge on the Indian captain.

The International Cricket Council has effectively given both sides open slather for the third Test in Ranchi after refusing to lay charges against any player after one of the most bitter matches in recent memory.

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India captain Virat Kohli has all but accused Steve Smith of cheating over the Australian captain's use of the decision review system during the second Test in Bangalore.

As the fallout from the bitter second Test continued into a third day, it emerged the ICC had spoken to both cricket boards in an attempt to bring peace and India coach Anil Kumble entered the match referee office to seek clarification on Kohli's contentious second-innings dismissal.

After a thorough review by match officials and senior ICC figures, including chief David Richardson, the governing body believed they could not sustain any charges from the second Test. They now consider the matters emanating from the match as case closed.

Had charges been pressed and not accepted, the ICC were risking being involved in a costly legal case which would have taken attention away from a showcase series.

There was widespread disbelief at the ICC's lack of action with even CA insiders privately believing their own players should have been sanctioned.

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Australia fast bowling coach David Saker, who played from 1994-2003, said the match was so wild he had not seen anything like it since the 1970s and 80s.

"Go back to my era, you can do what you want," Saker said. "It was quite amazing nothing was done, but there still might be something done.

"But in my time in the last two or three years those things have been stamped out quite well and it sort of came back."

It's believed Kohli was saved from a charge of "public criticism" and "inappropriate comment" as he did not explicitly use the word "cheat" however it was clear what he was implying.

Sutherland, who issued a strongly worded statement in support of Smith, can still lay a charge against the Indian captain but is remaining silent on this as he awaits India's next move.

The Board of Control for Cricket in India had on Thursday afternoon not laid a charge against Smith, who has admitted he erred in consulting the dressing room. Their 48-window was to close on Thursday night.

India's suspicions about Australia's use of DRS were sparked by the dismissal of Mitchell Marsh in the first innings on the last ball of tea. Their camp believes they saw Australian team staff urging Marsh to review, which he did not.

However, that alleged incident is different from the two which Kohli claimed happened while he was batting.

"It's really offensive. Probably the worst thing you can be called is cheats," Australia's bowling coach David Saker said.

"That's an offensive thing and we have never done something like that and never will."

"You should have to back up what you say. But to be fair if we have got this sign system we got it wrong horribly twice with Warner and Marsh so I don't know what he's thinking when he says that or he sees what he sees on the balcony but I can assure you from anyone in my time in all cricket, I've never seen it happen.

"It's pretty much absurd. I think when actually Steven Smith did look up we were more horrified than anyone else because we had never seen that before.

"We haven't got any elaborate sign system and when he did do that it was quite a surprise to us."

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