"I am outraged by the decision and I think the three people on the board need to be named," he says.
"If you go to court you know who judge is so I want them named - I want West Ham fans to know who these people are that say Jermain deliberately kicked their player, because I can't see it and I am not having it.
"There is no appeal against the appeal, as it were, so we have to accept the decision - but I don't respect it.
"Anyone who has played the game would know it was a pure kick in the air out of frustration."
For the record, the three-man committee comprised of Barry Bright, from the Kent FA, who is chairman of the disciplinary committee; Peter Heard, the Football League representative and Colchester chairman; and Wally Goss of the Amateur Football Alliance.
Meanwhile, as far as availability is concerned for Wigan, Alan says:
"Christian Dailly has recovered from illness which is good news, but Brian Deane is still out as are Steve Lomas and Rob Lee."
Jermain's five match ban begins with on Saturday.