Paul McGirr told the Daily Telegraph on Monday that Newcastle Knights five-eighth Tyson Gamble’s failure to testify at the NRL Judiciary could be fatal to proving that Raiders player Jack Wighton guilty of biting.

“Tyson Gamble made an on-field report. He wanted it investigated and now he doesn’t want to provide a statement, so that will damage the case.

“The best evidence would come from the person allegedly bitten. The best comes from the alleged victim of a crime,” Paul McGirr said.

“If they don’t want to get involved, give a statement or say they are not sure, that is often fatal.

“The evidence as it sits is yes, there are marks on his arms, but if Wighton hasn’t said anything in relation to biting, and the victim doesn’t want to be involved, it could be as incidental as having an arm around the mouth.”