Toure kicked Ricky van Wolfswinkel during the 0-0 draw with Norwich on Saturday, but avoided a retrospective ban late yesterday.
Before the ruling, Mourinho told the London Evening Standard: "I don't understand why you say 'if' because if you say 'if' and he's not suspended, the message is clear for the players: you can do what you want. If the referee doesn't see, you can do what you want.
"If it becomes a no suspension the message is there. Normally if the FA defends football, he has to be suspended."