Wigan Athletic manager Roberto Martinez remains convinced referee Lee Probert did not see Benoit Assou-Ekotto's challenge on Franco Di Santo.
Di Santo had to be replaced late on in Tuesday's 3-1 defeat to Tottenham at White Hart Lane after being caught by the Cameroon international.
Martinez was surprised Probert did not take action at the time and the Football Association was unable to take retrospective action as the official had seen the incident.
The Spanish tactician is not the biggest fan of players getting banned retrospectively, although he still claims Assou-Ekotto could have broken Di Santo's leg.
Martinez is amazed Probert is saying he saw the tackle as the Latics boss is baffled how he could not have issued at least a yellow card and free-kick if that was the case.
"For a player to get banned after the game, I've never been a huge believer that that's the right thing," commented Martinez.
"I'm delighted because in a challenge like that I've seen broken legs many times and Franco Di Santo escaped with a minor injury."
Martinez added: "I'm sure he (Probert) didn't see it. If he saw it, at least it would have been a free-kick and a yellow card or a red card.
"If he didn't see it [like that], you cannot referee a football game, simple as that."