Don't understand why Aguero is thinking of appealing

1. He hardly touched him.

2. City don't believe Mariner 'didn't' see it...so will push them on the ref get-out clause to make life difficult for the refs association and the FA. As much as the media have over-hyped the challenge, 99.9% of them can't believe that Mariner didn't see it from where he was stood and where he was looking. It's almost as if they'll use the refs association as a challenge against incompetence refereeing and make it a 'new case'...it's what I'd do.

3. Aguero's previous exceptionally good record.

4. A review of the major talking points that haven't been picked up by the FA review panel after the Costa incidents this season....if a ref can see them and judge them to have had no intent - why does Mariner miss one so obvious?

Case is stacked in City's favour IMO...just depends on how far they're will to push it and to what extent the punishment will be if they lose.

Worst case scenario is Serge will get an extra day for a frivolous challenge, although I can't see how this could be construed as frivolity (but that said, this IS the FA!)

I can see why the challenge is being presented though and even with Bluey's detailed run-down of the mitigation, it really only needs to rest on the one point: How did Andre Mariner not see it from where he was?

It's a different issue that Mariner says he didn't see it. He should be severely sanctioned for that 'omission'.

But Aguero threw his elbow at the player and caught him a glancing blow. The intent was definitely there.

The FA won't let him off on the technicality that the ref actually saw the incident and is lying about it now.

It would have been better for him to have been yellow or red carded during the game. This retrospective action because of the refs failure, will end up punishing Aguero for extra games.

And, I believe, that this would be an automatic 3 game ban. There isn't any mitigation normally.

However, City could point out that Aguero should have been sent off and suffered a shorter ban. Due to the negligence/ineptitude of the ref, he's now due a longer ban. That''s hardly fair.

Hence my argument Dawg....

There are so many failings with this incident, why not try and use them all and make the FA take a hard-line stance on incompetent refs or at least, force the refs association to change their rules that allow the likes of Mariner to say "I didn't see it" when clearly he did? He clearly made a decision on the day - be that wrong or right....but to say he didn't see it is going against everything the refs association stands for with these new rules.....players, managers and clubs are held accountable for their and sometime the fans actions....why can refs get away with it??

This could be a turning point - and to be fair, if Sergio gets a 3 game ban, so be it - especially with the fixtures coming up (apart from the fact you'd want him for the derby), but make the FA's life as hard as possible....that's what I'd do. One more game means 4 games less for him to get his usual injury....he'll be fresh for the big, big games coming soon.

City won't push it. They never have. I agree, push the FA/PGMOL to say the ref was incompetent over this issue. The ref needs to be honest and say I saw the incident but made a mistake with the decision.

and the FA quoting "off the ball" as part of their charge, when clearly it wasn't...