Yorkshire will not take any action of their own against their captain Darren Lehmann

The Tykes skipper has been charged with a breach of the ICC code of conduct for making racial comments during Australia's latest VB Series match against Sri Lanka.

Ironically, if Lehmann is found guilty he could face a ban of up to four Test matches - and this could result in him becoming available to play for Yorkshire next season after all.

Yorkshire had accepted that in all probability Lehmann would not be available because of Australia's tour of the West Indies which starts in April, but the situation may now change if he is banned or not wanted by his country.

"As far as we are concerned, Lehmann is being dealt with by the Australian Cricket Board and the ICC and there is no reason for us to become involved," said Yorkshire's director of cricket, Geoff Cope (pictured).

"We have never had any problems with Darren and would certainly welcome him back if he is free to play for us."

Because of the doubt over Lehmann's movements this spring, Yorkshire had decided not to make any decision over the captaincy for the coming season until March but they had not expected Lehmann to be available."

Lehmann was charged yesterday by ICC chief executive Malcolm Speed following offensive remarks he made in the dressing room after he had been run out in Australia's match in Brisbane on Wednesday.

His outburst was overheard by the Sri Lankan team and management and Lehmann was severely reprimanded by match referee Clive Lloyd after Sri Lanka had appealed for leniency.

Although Lehmann apologised both verbally and in writing to Sri Lanka, he was then ordered to undergo counselling by the Australian Cricket Board.

Lehmann has been charged under level 3.4 of the ICC code of conduct which reads: "Using language or gestures that offends, insults, humiliates, intimidates, threatens, disparages or vilifies another person on the basis of that person's race, religion, colour, descent or national or ethnic origin."

The penalty for a Level Three offence is between two and four Test matches or four and eight one-day internationals, so Lehmann's place in Australia's World Cup squad is also currently under threat.