Arsenal striker Robin van Persie escapes charge for use of elbow on Carlos Cuellar during FA Cup victory over Aston Villa

Robin van Persie has escaped a charge for the use of an elbow on Carlos Cuellar after the FA confirmed that referee Mike Jones saw the incident against Aston Villa in the FA Cup and decided not to take any action.

The Dutch forward clashed with the Spanish center back in the second half of the tie and appeared to use his elbow to strike the defender in the face.

The incident raised complaints from Aston Villa manager Alex McLeish after the match but, because Jones told the FA that he saw the incident and decided not to take action, no further disciplinary decision is possible.

Van Persie has already come under fire this season for the way he challenges defenders with then QPR boss Neil Warnock criticizing the Dutchman after the two sides met earlier this season.

"I thought Van Persie - what do you say about someone like that? I'm glad he didn't get his record today against us, but he does get away with murder," Warnock told reporters. "Every long ball that comes in he gets his arm up. He fouls the center half, but he does it in a way that they don't give it, so it's obviously within the laws of the game.

"I think we've got to teach our players how to do that because it's within the laws of the game. it's ever so clever, but he does get away with murder. But I wish we had him. He looks at the player when the ball comes in, knows the player is going to get it so he gets his arm up. There must have been six or seven fouls today that nobody's picked up on. It's disappointing but you get that at the Emirates, don't you?"