Brogan has been referred directly to the Tribunal to face a rough conduct charge against Newnes, who was substituted out of the game with concussion.
The Saints confirmed on Tuesday afternoon he had also suffered a broken jaw.
The AFL completed an investigation into the incident on Monday evening, referring the matter directly to the Tribunal.
As a result Brogan, who will face the Tribunal on Tuesday evening, cannot accept an early plea.
AFL.com.au understands the Giants are planning to fight the charge and have engaged high powered lawyer David Galbally QC to represent Brogan.
The incident is believed to have happened not far from the interchange gate, with Brogan leaving the field at the time.
On his way off the ground Brogan is alleged to have made contact with Newnes.
The Giants are expected to argue Newnes was attempting to block Brogan's departure from the arena.
The off-the-ball nature of the incident means there is only very limited vision, leading the MRP to send the case to the tribunal for a full hearing.
