Rod Thorn knows when he sees a foul worthy of a suspension.

And he believes Kenyon Martin's flagrant II foul on Karl Malone Saturday night should not warrant such a penalty for the Nets second-year forward.

"I thought it was a hard foul but I don't think it was as bad a foul as when (Charles) Oakley fouled Vince Carter last week, which was a flagrant II," said Thorn, the Nets president who used to handle such issues for the NBA when he was the league's executive VP of basketball operations.

"I think (the Oakley foul) was a harder foul and there was no suspension. There have been other flagrant IIs this year and no suspensions. I'd be very surprised if there was (a suspension)."

Thorn also noted that Malone wasn't hurt by the foul. Of course, Thorn is no longer the man in charge of discipline. That job belongs to Stu Jackson, who reviewed the matter yesterday. The Nets (16-9), who have lost two straight, play their next game on Wednesday at Cleveland.