Inverness Caley Thistle boss John Robertson claims referee Greg Aitken knows he got his decision wrong but wasn't allowed to put his case forward.
The whistler was the man who sent James Keatings off for an alleged dive in the Tunnock's Caramel Wafer Cup semi-final win over Rangers Colts.
Keatings will now miss the final against Raith Rovers after the three man panel sensationally failed to overturn the yellow card for simulation.
In the past, Aitken would have been able to make a statement changing his mind after watching the evidence after the game.
But Robertson revealed that refs can no longer do that but dropped a major hint that Aitken and head of referees Crawford Allan both agree that it wasn't a dive.
He said: "That’s been taken away. I had a chat with Crawford Allan to clarify one or two things. We’d had two decisions that resulted in a non-penalty for us and a penalty for the opposition, both the same incidents and the referee has given us two completely different reasons why they weren’t given.
"We had a chat with Crawford about that first and he gave us what we thought was the plausible one, and obviously we got to the James Keatings situation.
"I can’t divulge exactly what was said because obviously it was a private conversation but let’s just say that he spoke to Greig, he looked at his reasoning and looked at the incident and let’s just say that the conclusion they came to might be the same conclusion that most other people have come to."
The Inverness Caley Thistle boss also believes that Ian Maxwell could solve all the problems by coming out and rescinding the card.
He believes that the fact the likes of Hibs chief Leeann Dempster and Motherwell CEO Alan Burrows have been calling for change shows something needs to happen.
And he wants the SFA chief executive Maxwell to come out and force change in the system, but questioned whether his footballing credentials actually make him a good man for the job.
He said: "They’ll probably take their time and go through it and come up with some reasoning on how they can justify the decision they’ve come to but there’s no justification needed. 1.4m people can’t be wrong and two people be right. That’s the situation we’re in here and everybody knows.
"A lot of clubs have no jumped on the incident to highlight where they feel there’s a possible problem with the system going forward.
"When you hear someone as well respected in the game as Leeann Dempster coming out and saying ‘if they call it a member’s thing one more time’ she’ll cough up her liver laughing. That tells you it isn’t the case.
"Surely there was an opportunity here, we feel, for Ian Maxwell to come out and say it’s obviously a miscarriage of justice, we’ll rescind the card and I would invite member clubs to come together and obviously the system is flawed and we can move on and try and put it into place. This might be the straw that breaks the camel’s back.
"I’ve heard a lot of people saying Ian Maxwell is a football man, he’s an ex-footballer player. I’m sure if you ask Ian personally, he’ll probably think it wasn’t simulation either.
"But when you become CEO, a bit like Gordon Smith, do you become institutionalised? Do you become that you have to be seen following the rules? There’s something wrong here because everybody knows it wasn’t a dive.
"He was really down on Sunday after the game and that’s the thing that annoys you. The fourth official at the time was trying to make up saying ‘you can see by James reaction that he wasn’t even protesting the sending off’. James was shocked.
"We’ve told our players, deliberately, not to go harangue the referee because there’s this mobbing rule. So we’ve deliberately told the players to stay away from that to avoid the other sanctions you can get if you decide to question a referee’s decision.
"He’s totally shocked, he’s been really down. He, like everybody in the country, thought it would be rescinded. When it wasn’t, he was as low as I’ve seen him, as we all were, myself included. It made you question whether you want to be part of a game that comes up with decisions like that.
"Yes, people make mistakes, people get the wrong decisions, I make mistakes in my team, my tactics and we know officials will get it wrong occasionally, but this was such an easy one to get right. There’s not one person I’ve met in the street, and we’ve had lots of support from manager’s, currently players, ex-players, coaches, and not one person can believe that a panel can come to this.
"That’s where we find it difficult. Surely, it’s easy for Ian Maxwell to come out and say ‘we got it wrong, let’s try and fix the system’ but I don’t know if he’s allowed to do it."
Robertson can't believe that Keatings will miss out on the final and admitted it felt like he had taken a punch when he found out it wasn't overturned.
He added: "When you follow the appeal process, the key to it all for us was the referee Greg Aitken’s statement that from the position he was in that he saw no contact and he felt James had shown an act of simulation.
"When you go there you have to prove beyond doubt that was not the case. Now the key here for everybody was the ‘no contact’. Everybody seen it, I think it’s broke the internet, 1.4million people have read the statement and looked at the incident and everybody, everybody bar none, have said it’s not a dive. We know it’s not a dive. It’s not simulation, it’s a clear foul. When we put forward we were extremely confident that it would go through.
"To be told that it had been upheld was like a punch in the stomach because James is not that type of player. He’s never been yellow carded in his career for simulation and he’s never been sent off at all.
"Had the referee said something different in his report that there had been some sort of contact, then maybe you could understand where the panel is coming from but when the referee explicitly says there was no contact from his view point? Which we believe, this is not a go at Greg Aitken, far from it.
"No contact is the key, everybody has seen it. It’s a clear foul, it’s a clear free kick on the edge of the box and it’s not a dive.
"For a lad to potentially miss a cup final because of it is heartbreaking. Take the cup final out of it, it’s just a miscarriage of justice, it just shouldn’t be happening."