From what Hughton has said, their case is that it's a yellow card offence, not a red. The claim is that it was a body check, made in retaliation for something Elmander had done earlier. The clash of bodies was intentional, but not the clash of heads.
The only view I've seen is a long distance one. Along with the body check, there does look to be a slight movement of the head that was probably intentional, but not definitely. If there's no close up view of the incident, I don't think the evidence is clear enough.
Yeah, that'll be exactly what they'll claim.