The third charge, over Benitez's sarcastic waving of his glasses while talking about the blatant foul on Andriy Voronin was proven but the Commission accepted that the gesture was done 'in a non-malicious and humourous manner' and so the boss escaped with a warning. No fine or costs were awarded against Benitez.
The Commission also asked the FA why they failed to charge another manager who made the same gesture about a different referee that same weekend.
