Newcastle midfielder Joey Barton will face no action for flicking out a hand at Aston Villa's Gabriel Agbonlahor on Monday night.
The Football Association have confirmed that referee Steve Bennett had not seen the incident, in which the 26-year-old caught the Villa man in the face after conceding a disputed free-kick.
However, having been asked to look again at Barton's actions, Bennett decided that the incident would not have resulted in a red card and therefore there were no grounds for a retrospective charge to be brought.
Barton, 26, who has a six-game suspended ban hanging over him following his training ground clash with former Manchester City team-mate Ousmane Dabo, was later booked for a foul on full-back Luke Young.
Copyright (c) PA Sport 2008, All Rights Reserved.
Do YOU want to write for GiveMeSport? Get started today by signing-up and submitting an article HERE: http://gms.to/writeforgms