Phil Gould has labelled the NRL judiciary system "flawed" as Sydney Roosters star Jared Waerea-Hargreaves looks to miss a preliminary final for tripping.
Waerea-Hargreaves will fight his tripping charge at the judiciary on Tuesday night, looking to beat a suspension for the third time in two months.
The New Zealand international will deny sticking his leg out on South Sydney centre James Roberts in the Roosters' thumping qualifying final win last Friday.
Normally the charge would only attract a fine but because of Waerea-Hargreaves' chequered history, he doesn't qualify for a monetary penalty.
The prop has been charged by the match review committee six times this year but he's been banned for just three games.
Despite his poor disciplinary record, Gould believes the punishment will not fit the crime if Waerea-Hargreaves misses playing the winner of the semi-final between Melbourne and Parramatta.
"It's not the offence that's the problem. The offence shouldn't be a suspended offence. They've been fining it forever and we get in this position every year at this time," Gould told 100% Footy.
"For that incident, you should not be missing any game. If it's a finable offence once it should always be fineable.
"The fact that he's had previous offences leading into this and they say you can't have another fine you've got to miss a game, well that's a flaw in the rules.
"Just make it a rising fine. I bet when it gets to $10,000 they won't do it. The rules are flawed.
"Nobody, not even the three panel members who find him guilty when he goes to the judiciary, believes he should be missing a game for that."
Penrith star James Maloney unsuccessfully fought a tripping charge at the judiciary in round 20.
Australian Associated Press