Yorkshire fast bowler Steve Kirby yesterday became the first player to be hit with a points penalty under cricket's new disciplinary code as the Tykes slumped to yet another defeat, this time by five wickets at Grace Road.

The flash point came at the end of Kirby's second over with Leicestershire, chasing 204 for victory on 70 for three.

He fielder a defensive shot by Darren Maddy and hurled the ball back, hitting the batsman on his leg.

Kirby turned away without apologising and was lectured by umpire Alan Whitehead which skipper Darren Lehmann also stepping in to calm the situation.

Kirby continued to bowl but after the game he was summoned to a disciplinary hearing and given a three points penalty.

Under the new code any player collecting nine points in a 12-month period is automatically banned.

Kirby had been warned about his conduct after a verbal exchange with Maddy during Saturday's play but Lehmann admitted that this time had had 'gone over the top' and deserved his punishment.

It was a bad day for Yorkshire, who not only suffered their fourth defeat in five starts this season but also had half a point deducted because of their slow over-rate which left them with 5.5 for the match.

They gave themselves an outside chance of a comeback as Leicestershire, resuming on 33 for one after a delayed start, lost Carl Crowe and Iain Sutcliffe with just 30 runs added.

But Kirby's outburst threw Yorkshire off the trail and their former overseas star Michael Bevan took complete command to hit a brilliant unbeaten 76 from only 82 balls, 60 of his runs coming in boundaries.

Bevan and Maddy, who reached a 106-ball half-century, put on 135 in 39 overs for the fourth wicket to put the issue beyond doubt.

Yorkshire could not find the discipline or penetration to trouble the pair until it was far too late, Maddy falling to a sky catch by Craig White off Richard Dawson with the home side six runs short of their target.

They lost another wicket before the end when Vince Wells was well caught by White at the wicket off Kirby but Bevan then lashed the bowler for the winning boundary with 14 overs left.

*Yorkshire's new overseas batting star, Australian Simon Katich, will make his debut at Headingley today as the Yorkshire Phoenix aim to preserve their 100 per cent winning record in Division One of the Norwich Union League by beating visitors Worcestershire Royals.

Yorkshire Phoenix: Wood, White, Vaughan, Katich, McGrath, Fellows, Blakey, Dawson, Sidebottom, Hoggard, Bresnan.