See where your coming from, a lot of it is conjecture, but if referee's used common sense with decisions and not use the letter of the law, I feel football would be a lot happier place. Look there are intentional elbows and accidental ones, I will not change my mind on that being an accidental one, it looked bad because it caught him full in the face, but when the striker got up he pleaded the innocence of Soucek himself. All's he had to do was punish West ham with a free kick against them, common sense, then the full time whistle could have been blown, end of.