Bowyer seeking judicial review of pitch brawl prosecution

Newcastle midfielder Lee Bowyer is to seek a judicial review of the decision to prosecute him for his on-pitch brawl with team-mate Kieron Dyer, his solicitor said tonight.

Steve Barker questioned whether it was in the “public interest” to prosecute the England international after he had already been punished twice – by his club and subsequently the FA – for the incident.

It was announced today that the footballer would be summonsed to appear before magistrates in Newcastle to face an allegation under Section 4 of the Public Order Act.

Mr Barker told BBC Radio Five Live: “It’s our intention to have the decision to prosecute him reviewed judicially in the High Court.”

He said the reason they had decided to challenge the action was “because we have very real concerns that the decision has been made for political rather than legal reasons”.

He went on: “I am going to argue that the decision to prosecute Lee Bowyer should be reviewed judicially and looking at whether this is in the real public interest to do this.

“Not just for Lee Bowyer but this is something of much wider interest to sportsmen throughout the country, sports fans and taxpayers.”

The on-pitch brawl between theEngland footballers was captured by television cameras and witnessed by 52,000 fans at St James’ Park.

The fight, which marked a low point in Newcastle’s disappointing season, came towards the end of the team’s 3-0 home defeat against Aston Villa on April 2.

Northumbria Police launched an investigation into the incident, which was broken up by team-mate Stephen Carr and Villa player Gareth Barry, after a member of the public expressed “concerns”.

Both players were sent off by the referee and were subsequently banned by the FA.

Bowyer was suspended for a total of seven matches while Dyer was out for three games.

Bowyer was given a record six-week fine by his club, believed to be around £200,000, and a final warning.

Mr Barker, who said Bowyer would not be making any comment himself, said the footballer would face an allegation that he committed an offence of threatening behaviour.

“He hasn’t been charged because it’s not a chargeable offence. He will be summonsed to answer information that he has committed an offence under Section Four of the Public Order Act. In simple terms it’s called threatening behaviour.”

Mr Barker added: “I spoke to him this morning and he’s very upset. He has apologised privately, he’s apologised publicly. He’s taken his fine, he’s taken his suspension from both the club and the FA.

“And he’s entitled to say: ‘Why me? Why aren’t you prosecuting other footballers who’ve done much worse than me, other sportsmen who regularly administer much more serious injuries’.

“I mean, no one was injured in this.”

Mr Barker said Bowyer had already been fined £228,000 (€340,444) by Newcastle United, a further £30,000 (€44,795) by the Football Association and hit with a seven-match suspension.

“Whey should we spend taxpayers’ money prosecuting him for a relatively minor offence when he has already received those penalties,” he asked.

“It was an eight-second incident and if it happened in the street I don’t think any policeman would prosecute.

“Do taxpayers really want to see our money spent on criminalising football or rugby incidents when they have already been dealt with.

“No court in the land would dish out a fine commensurate to the fine he has already received.”

Bowyer, a 28-year-old former Leeds player, appeared alongside Dyer in front of TV cameras at the club’s training ground in the days after the incident.

Subsequently, club chairman Freddy Shepherd and manager Graeme Souness both supported 26-year-old Dyer in his unsuccessful attempt to overturn the red card ban.

A Northumbria Police spokeswoman said Bowyer would be appearing before JPs in Newcastle upon Tyne at a later date. No further action would be taken against team-mate Kieron Dyer.

“After considering advice from the Crown Prosecution Service, it has been decided that Lee Bowyer will be summonsed to attend Newcastle Magistrates’ Court at a date to be fixed for an offence under Section 4 of the Public Order Act and that there will no further police action in respect of Kieron Dyer,” she said.

A Newcastle United spokeswoman said the club would not be commenting for legal reasons.