EXCLUSIVE: Kyle Flanagan's fate is decided but nose bite wasn't his fault, writes Paul Gallen

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It looks like Kyle Flanagan is going to cop a suspension at the judiciary on Tuesday night.

I have no idea how long he will get, but unfortunately I feel like his guilt has already been decided.

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That's what happens when someone gets referred straight to the judiciary - we get a trial by media.

It's extremely rare to see someone be found not guilty when they have been referred to the judiciary.

By the time Kyle gets a chance to defend himself or explain his actions, he will have been the centre of media scrutiny for three whole days.

And if you read the headlines since Saturday night, it seems everyone has made up their mind that Kyle did bite Stephen Crichton on the nose.

But what happened is not entirely Flanagan's fault.

In fact I'm 100 per cent certain Kyle never had any intention to bite Crichton's nose in that tackle, or at any stage during the game.

No one goes into a confrontation on an NRL field planning to bite someone - that's just stupid, especially these days with cameras everywhere.

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The incident would not have happened at all if Crichton's nose didn't somehow find its way into or near Flanagan's mouth.

And whose fault is it that happened?

I'll give you the hot tip - Kyle Flanagan doesn't control where Stephen Crichton's nose goes.

The fact is it was Crichton who went into that tackle with the intention of rubbing his head into Flanagan's head.

There is history between Kyle and the Bulldogs and it looked like they went out there to show him who's boss.

We've seen Canterbury players refusing to take a backward step this year, and I think Crichton was trying to lead the way with some aggression to send a message.

I've got no issue if he wants to do that, but we've seen players this year penalised for doing that sort of thing on the ground to opponents.

Don't get me wrong, it's a part of the game and I'm not going to throw stones at a player for giving an opponent a bit extra in a tackle to make sure he feels it.

But we have seen NRL referees blow their whistle for similar incidents this year.

For whatever reason Crichton was allowed to do it on Saturday night and, unfortunately, his nose ended up in or near the mouth of Flanagan.

When you watch the video there is no question Crichton's nose goes into Flanagan's mouth.

If you put your nose into someone's mouth you are going to feel teeth - which Crichton obviously did.

But the question is whether Flanagan actually bit down.

I imagine that's what the Dragons will try to argue to the judiciary but I have no idea how they are going to prove it.

Last year saw a similar biting incident in the NRLW when Broncos player Ashleigh Werner was banned for two games.

The Broncos argued Werner didn't intend to bite, but had no choice when Roosters winger Jayme Fressard put her forearm into her opponent's mouth on the ground.

If you stay away from someone's mouth, it is hard to get bitten.

The result of Flanagan's judiciary hearing may come down to whether or not he clamped his mouth at all.

As I say, unfortunately his fate may already be decided before he walks into the room.