IT'S not often a refereeing decision can completely baffle both teams but one of those occasions handed Harriers three points on Saturday.

Ask the opposing managers Jan Molby and Roy McFarland, a supporter from Kidderminster or Torquay or even the players themselves.

No-one had a clue why an assistant referee's flag handed Harriers a second-half injury-time penalty which was tucked away confidently by Tony Bird.

Over the course of the game, they certainly did not deserve it.

But there will be no grumbles from a team who were not awarded a penalty last season until the final home game -- and then it was saved.

What appeared to be the turning point was an alleged tug by on-loan defender David Woozley on Drewe Broughton who was goal-side of his marker.

But when Broughton himself admits there was no foul, you have got to feel desperately sorry for Torquay who were left with no Division Three points or goals.

To make matters worse, a penalty appeal of their own for handball even deeper into injury-time was waved away by Northants official Peter Walton.

For Harriers, six points out of an opening nine with two 1-0 home wins cannot be bad.

But Saturday's performance was bad and so was the game itself.

With only six minutes on the clock, Harriers fans may have hoped for better as a well-flighted Bird free-kick hit the underside of the bar and bounced away from the goal-line.

But Harriers missed an early chance to make an impact when forward Stewart Hadley got underneath Sam Shilton's 10th minute cross and headed miserably over.

Right-back Adie Smith was in a familiar place two minutes later, clearing off the goal-line after keeper Stuart Brock had got a hand to David Graham's stinging drive.

And Brock was grateful that Steve Tully's shot was weak and straight at him on the half-hour after the defender had robbed youngster Lee Ayres.

Despite that error, the rangy Ayres continues to look a fine prospect at just 18-years-old and is particularly strong in the air.

Team-mate Mark Blake forced a parry from visiting keeper Kevin Dearden with a volley just before half-time as Harriers retaliated.

But their efforts were clearly reflected when unhappy boss Molby made a triple substitution at half-time.

Torquay themselves did not look like a side who had beaten Bournemouth 2-0 in a midweek Worthington Cup shock.

Molby's replacements had a mixed impact with Drewe Broughton again making a big physical difference and getting constantly involved.

Dean Bennett showed up well at times in midfield and was not afraid to shoot at goal but Andy Ducros was kept quiet.

Broughton was quickly into the action, firing a 25-yard effort wide and hitting the top of the bar with a header that he tried to direct across the face of goal.

Bennett also blasted wide and then embarked on a slick solo run through the middle only for his long-distance effort to be palmed away by Dearden, catching Broughton offside in the process.

However, that burst of pressure died down at around the 70-minute mark as a scrappy game hit new lows.

And only a tremendous save from Brock prevented substitute Eifion Williams from giving Torquay the lead seven minutes from time when he raced clear onto former Harriers trialist Alex Russell's through-ball.

It was a miss the Devon side were to regret when the mystery penalty decision was clinically punished by the rejuvenated Bird's third goal in a week.

Harriers will play far better than this and lose games -- but they will certainly need that improvement to stand a chance against the better sides in the division.

HARRIERS: Brock 7; Smith 6, Ayres 7, Hinton 7, Stamps 6; Bird 7, Davies 6 (Bennett 46, 7), Blake 6, Shilton 6; Hadley 6 (BROUGHTON 46, 7), Foster 6 (Ducros 46, 6). Subs not used: Medou-Otye, Murphy.

TORQUAY: Dearden; Douglin (Russell 72), Woods, Woozley; Tully, Brandon, Rees, Russell, Hill; Graham (Parker 59), Roach (Williams 59). Subs not used: Northmore, Greyling. ATTENDANCE: 2,440.

YELLOW CARDS: Harriers 1 (Blake), Torquay 2 (Woozley, Tully)

SHOTS ON: 5-5

SHOTS OFF: 9-6

CORNERS: 6-9

SHUTTLE STAR MAN DREWE BROUGHTON: Made a big difference when he came on as substitute with a powerful all-action display. Was close to goal on several occasions and his presence led to the controversial late penalty winner.