ASTON VILLA star Jhon Duran has been charged by the FA for acting in an "improper manner" after he was red-carded against Newcastle on Boxing Day.
The Colombian striker was controversially sent off by referee Anthony Taylor for allegedly stamping on Fabian Schar during the 3-0 defeat.
Villa appealed Duran's three-match ban but their pleas fell on deaf ears at the FA.
And now chiefs have added insult to injury by slapping the 21-year-old with a further misconduct charge for his reaction to the dismissal.
Duran was so incensed by the red card that he remonstrated with the fourth official on the touchline and kicked a water bottle away.
Duran served the first match of his ban last night when he missed Villa's 2-2 draw with Brighton.
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But now the striker could face a further ban for his angry reaction.
The FA has given him until Friday to respond to the charge.
Duran is already certain to miss Saturday’s home game against Leicester and the FA Cup third round clash with West Ham.
Writing in the match programme ahead of the Brighton game, Emery said: “Referees are not using enough and correctly the VAR.
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"The VAR came to help us avoid injustice or mistakes, and to protect whatever it takes for the on-field decisions to be delivered - right or wrong - by the referee.
"If we start to use VAR in a political way, we are forgetting that the video tool is here to protect the game and the fairness of the competition.
"VAR is not a tool to protect or to be under any ego, any system or any individual.
"VAR cannot be overused to break the spirit of the game but if it is existing and available, VAR neither must be underused on purpose and let big mistakes happen without using all the tools correctly."
Those comments could land Emery in hot water as well, with FA chiefs having to determine if he crossed the threshold between having an opinion on the operation of the system or a direct criticism of the integrity of the officials involved.
Villa’s director of football operations Damian Vidagany also slammed the Duran sending off, saying: “The most damaged here is not Villa, it is the credibility of the ones that made this decision.
“We are going to keep fighting, nothing will destroy us and we will overcome all these unfair decisions. And we will behave like gentlemen.”