Gibbs failed to have his grade-two dangerous conduct charge downgraded, meaning his only hope of playing again in 2009 will be if the Tigers make it to week two of the finals.

That scenario is looking unlikely with Gibbs' suspension compounding a lengthy injury toll. The Tigers back three of Shannon Gallant, Taniela Tuiaki and Beau Ryan are all missing.

That list could grow before Saturday night's must-win clash against Gold Coast at Skilled Park with forwards John Skandalis and Chris Heighington both in doubt.

The 10th-placed Tigers need to win both of their last two matches to be a chance of a finals berth, but Gibbs won't play any part in that bid after kneeing Luke Burt in the buttock as the Parramatta winger scored a try midway through the first half of last Friday's NRL clash.

Had the judiciary downgraded Gibbs's charge, he would have been allowed to play this weekend.

''Very disappointing for us tonight. In the context of our season we paid a very big price for the eight-point try and add into that a three-game suspension for Bryce for what was accepted as accidental contact, it's a tough one for us,'' Tigers chief executive Stephen Humphreys said.

''But we'll accept the judgement and move on.''

Gibbs declined to comment after the hearing but Humphreys acknowledged the tough prop was shattered by the result.

Judiciary counsel Peter Kite SC said the reckless nature of Gibbs's late hit on Burt deemed the charge worth of a higher grading.

''It was reckless in the sense that he must have foreseen this incident occurring, but he carried on anyway,'' Kite argued.

Kite claimed Burt was in a vulnerable position when attacked by the Tigers front-rower, adding ''there's no justification for the conduct'' as he called for the higher grading in a bid to help eradicate the practice of tryscorers being attacked after touching down.

Gibbs' legal representative Geoff Bellew SC said his client was only one metre away by the time Burt touched down and could not have pulled up in time.

Bellew also used comparable incidents including the grade-one hit which cost Eels backrower Nathan Hindmarsh one match for kneeing Darren Lockyer earlier this year to plead his case for a downgrade. AAP