Well, this is a relief! Apparently, Benoit-Assou Ekotto will not face FA action after his poor challenge on Franco di Santo in Tuesday's Premier League match between Tottenham Hotspur and Wigan Athletic. BAE caught di Santo in the shin, very high with his studs, and di Santo had to leave the game. Thankfully, he just had a cut and was not seriously injured, but the challenge was dangerous. Referee Lee Probert did not call a foul. The challenge was unquestionably a yellow card at minimum and was probably worthy of a red card.
He's not avoiding FA action because the challenge wasn't that bad, but because Probert had a fun little moment of incompetence. The FA can only suspend a player retroactively if the referee admits that he did not see an incident. Probert apparently saw the tackle and noted this, meaning the FA cannot take action.
When I noted in our match report that Benny could face suspension, I assumed (falsely) that Probert completely missed the challenge altogether. Surely that was the only explanation for him not even calling a foul. Nope, he saw it and thought it was clean. Have fun in League Two this weekend, good sir!