What amazes me in all this is not that the FA or whoever have broken their own rules, it's that their own rules are so fucking stupid that when incidents like this happens they have to actually bend/break them themselves to get justice.
The Adebayor example, he deserved to be banned, no one can argue. The Aguero incident, obviously more ambitious, but IMO I feel he does deserve a ban too.
Why don't the FA change the rules so that retrospective bans can be issued regardless of whether the ref has 'dealt' with it. If there is a perceived injustice, then they should examine it post match.