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That is the verdict of former Premier League referee Dermot Gallagher.
Unai Emery’s side were held to a 1-1 draw at Wembley on Saturday in the north London derby.
The Gunners snatched a first-half advantage with a stunning counter-attack which ended in Aaron Ramsey rounding Hugo Lloris before slotting home.
Arsenal lead until the 74th-minute when the game’s controversial incident took place
A free-kick was whipped into Bernd Leno’s penalty area, and defender Shkodran Mustafi was adjudged to have barged Spurs striker Kane in the back.
The clear foul was spotted by Anthony Taylor, who pointed to the spot.
What was not clear to the players at the time but was clear to everyone watching on screens was that Kane was in fact in an offside position when the free-kick was taken.
The linesman, though, was behind the line of the last defender and failed to determine the Tottenham hitman should not have been given the penalty.
I think the problem occurs at the outset because the assistant isn’t in the right start position, and he’s always playing catch-up then.
“He doesn’t see that [Harry] Kane challenges for the ball, and because he doesn’t see that, he doesn’t flag offside.
“But the minute Kane challenges for the ball, he becomes active and involved in play, and therefore offside should’ve been given.
“In a nutshell that means, at the minute the free-kick was taken, if I’d have grabbed hold of you at that point, and you hadn’t challenged for the ball, I could give a penalty.”
Arsenal will hope they get more luck on Thursday and Sunday when they face two more crunch games.
First up is a trip to France for their Europa League round of 16 first leg away to Rennes before top-four rivals Manchester United visit the Emirates in the Premier League at the weekend.
The Gunners, as a result of the draw at Tottenham, stayed four points behind their neighbours in fifth place.