East Perth forward Jarrad Oakley-Nicholls will reappear before the WAFL Tribunal next Tuesday after being accused of biting Perth opponent Julian Jacobs last week.
The former West Coast rookie, who was at the centre of a racism furore earlier this season, was charged with misconduct after the game last Saturday.
The matter was thrown out by tribunal chairman Paul Heaney on Tuesday with the WAFL claiming that the notice of investigation by umpire Justin Orr had been submitted on the wrong form.
But East Perth claimed the report was frivolous and said it was dismissed because no WAFL umpire attended the tribunal to give evidence.
Oakley-Nicholls will appear next week after WAFL operations manager Cam Knapton successfully appealed against Heaney's decision.
"The matter was thrown out on a technicality and the tribunal has agreed to hear it next week," Knapton said.
Jacobs, who kept Oakley- Nicholls goalless after playing on him for most of the match, approached Orr in the last term and appeared to gesture to his hand.
West Perth player Kody Manning was suspended for three matches this season after being found guilty of racial vilification for his comments to Oakley-Nicholls in the heated aftermath of the draw between the Falcons and East Perth at Arena Joondalup in June.Manning was alleged to have racially abused Oakley-Nicholls during the exchange, an insult that the East Perth player considered so hurtful that he refused to accept an apology and insisted that the matter went to the tribunal.
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