CARL MAGNAY will miss the next six Hartlepool United games, starting tomorrow at Northampton, after the club decided against an appeal against the ban imposed for spitting.

The Pools midfielder was sent-off in the defeat at Wycombe, for which he was suspended for three games.

But an FA commission last Thursday ruled the former Gateshead and Chelsea man was guilty of spitting at Wycombe fans after one Chairboys’ supporter made an official complaint days after the game.

Pools defended their player at the hearing and he continues to have the club’s unequivocal backing and support. Magnay has not been disciplined by the club over the incident.

Video evidence shows Magnay spat on the floor as he walked off following the red card, which was issued for grappling with Wanderers’ Ryan Sellers. However, none of the dozen or so supporters stood over the advertising hoardings showed any reaction or made any fuss as Magnay headed for the dressing rooms.

On Tuesday, the club received the written explanation from the FA commission and, after taking legal advice on the report, feel they cannot appeal against the ruling.

Privately the club is unhappy at the whole situation and feel that the evidence, from a single Wycombe supporter, was neither reliable or consistent enough to bring about a charge of such magnitude.

Boss Ronnie Moore said: “Carl’s ban will stand. We have the FA reason and we know why he’s been banned. We have taken legal advice on it and, unfortunately, we feel we cannot appeal it on the advice we have been given.

“If anyone had a chance to look at the footage and see what they are talking about, then it’s very harsh to get three games for a sending-off which was debatable anyway.

“Then the spitting at, or in the vicinity of supporters, you know if someone spits on you there’s a reaction – you look at the DVD and there’s no reaction.

“So it’s harsh, but we have to take it and move on.

“We lose him for six games and he was fantastic against Luton – the crowd got behind him. He can play in a few positions and it leaves us short.’’

Michael Duckworth is due to train today after a hamstring injury and he should be in contention to face Dagenham next Saturday.

“In midfield we will miss Carl – him and Woodsy were excellent on Saturday. Nicky (Featherstone) will feel hard done by because he’s been a regular and we haven’t been bad in there,’’ added Moore.

“It was with 4-3-3 it’s good to throw people in there and I felt we were good at 4-4-2 last week, we gave Luton a good game for an hour and I feel the same will happen this weekend.’’

Matthew Bates missed training yesterday and could be absent for the trip to Northampton through illness.