Suspended Brumbies flanker Owen Finegan fought back tears as the reality set in on Friday afternoon he would not be running out in Saturday's Super 12 final against the Sharks at Bruce Stadium.

Finegan's appeal against a five-week suspension for stomping was dismissed. The Wallaby flanker will miss his second Super 12 final in as many years after sitting out last year's decider due to injury.

Finegan had earlier trained with team in the hope he would have been cleared.

The Brumbies will not contest the latest ruling despite suggestions they may launch Supreme Court action.

"I never denied that I did ruck and make contact with Michael Foley's head, and that's what I've said in both judiciaries," Finegan said. "I'm just disappointed that everyone found me guilty of stomping, which is something I think my reputation and people who know me and people who know the way I play, stomping on someone's head is something I'd never do."

Finegan could see no point taking the matter further.

"But the fact of the matter is it's been worked over by two judiciaries in the rugby circles and I think to take it out of the rugby circles and into a legal court is just going a little bit too far. I'd just rather let sleeping dogs lie."

Brumbies coach Eddie Jones said there were obviously serious shortcomings in the SANZAR judicial process, with the appeals panel seemingly unable to tell the difference between a ruck and a maul.

Finegan had been involved in a ruck, ruling out any question of illegal action in a maul, Jones said.

"The players though it was a ruck, the linesman's report said it was a ruck, the referee thought it was a ruck and so did the citing commissioner," Jones said. "Players are entitled to a better informed judicial process.

"Given what has happened at the judiciary hearings throughout this year's Super 12, our hope is that the review of the judicial process will be approved at the SANZAR conference in December. Players like Owen Finegan deserve a better deal."