Albion boss Chris Hughton still insists Tomer Hemed was innocent of an intentional stamp on Newcastle defender Andre DeYedlin.
Hemed has been suspended for three matches after an FA panel of former referees reviewed the incident, picked up by the Sky TV cameras after Hemed secured the Seagulls' 1-0 win against Newcastle at the Amex last Sunday.
Albion contested the charge of violent conduct on the basis it was unintentional.
Hughton told talkSPORT: "That's the reason why we appealed it. Possibly I would say this - I'm his manager - but knowing the lad as we do here, we still had no doubt it wasn't intentional.
"But it goes to a panel. Arguably because there had been a small incident before that (between Hemed and DeYedlin), possibly they took that into account, but our thinking is exactly the same."
Meanwhile, Hughton has revealed Hemed's Israeli international team-mate Beram Kayal (above) is close to returning from the broken leg he suffered in the final pre-season friendly against Atletico Madrid.
He said: "Kayal is on his way back and we are hoping he will play an under-23 game in the next couple of weeks."
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