Lee Bowyer to face civil suit damages
Shyam Bhatia
Millionaire footballer Lee Bowyer has become the first of a series of defendants to face a civil suit damages over their alleged role in an attack on a South Asian student outside a night club in the city of Leeds
The move immediately prompted a furious response from Bowyer's legal team who claimed the proceedings were cynically timed to deny the Leed United player any chance of inclusion in the England squad for the World Cup that was due to be announced this week.
Bowyer has been discussed as a possible replacement for football ace and England captain David Beckham who broke his foot last week. That job for the time being has been allocated to Michael Owen who was named captain of the England squad for the last friendly match on home ground against Paraguay on Wednesday before the team departs for Korea and Japan.
Lawyers representing Sarfraz Najeib, of Pakistani origin born in the UK, who was seriously injured in the night club attack, and his brother Shahzad formally issued their claim in the high court with an initial notification that the claim is for in excess of £50,000.
Claims against another Leeds player, Jonathan Woodgate, and three other people charged in connection with the assault include former Leeds reserve player Tony Hack worth, as well as friends Paul Clifford and Neale Caveney are expected to be formally issued next week.
It has also emerged last night that the Leeds United itself is set to face a civil action for damages, with the issue focusing on how the club handled information it had following the assault.
Najeib family spokesman, Suresh Grover said, "The family remain determined to see justice for Sarfraz and Shahzad Najeib and this is the only course open to them."
But Bowyer's lawyers, Barker Gillette, bitterly attacked both the content and timing of the issuing of the claim, saying it was unreasonably lacking in detail considering it was now 27 months after the "unfortunate attack upon Mr Najeib".
The lawyers statement added, "We find it an extraordinary coincidence that Mr Najeib should issue proceedings on the day before the England squad for the Paraguay game is due to be announced.
"In the absence of any good reason or explanation on the part of Mr Najeib or his legal adviser, the timing of the issue of this claim appears to be directed to putting the maximum pressure on Mr Bowyer and to cause him the maximum embarrassment in a manner which is neither fair nor just.
"The action, once it is properly formulated, will be strenuously defended. Mr Bowyer denies, as he always has done, that he played any part in the attack on Mr Najeib."
A spokesman for the Football Association said Bowyer was considered as available for selection for England and had been since the conclusion of the trial in December. That did not mean he would necessarily be selected, he added.
Bowyer's is the first claim to be issued after a deadline was set during earlier court exchanges focusing on a dispute about the return of items of his clothing held as evidence during the two criminal trials at Hull Crown Court.
He was cleared of both assault and affray after the second trial, which ended in December last year, but branded a liar by the judge and ordered to pay £1million legal costs.
Jonathan Woodgate, who had his jaw broken by a punch from a friend on a night out last week, was convicted of affray but cleared of assault, as was his childhood friend Neale Caveney. Both were given 100-hour community punishment orders.
Another of Woodgate's friends from Middlesbrough, Paul Clifford, was sentenced to six years imprisonment after being convicted of assault.
Tony Hackworth, who now plays for Notts County, was cleared on the direction of the judge during the first trial, which was prematurely halted after a potentially prejudicial article published in the London Sunday Mirror newspaper.
Leeds United have refused to comment on the latest developments affecting Bowyer.
Club Communications Director David Walker said it was a private matter for Bowyer and he would not be drawn on a potential civil action against the club itself.
Meanwhile Bowyer has announced he is preparing go to the European Court of Human Rights in a fight over his legal costs in the Sarfraz Najeib trials.
He was forced to pay his share of two trials even though the first one was halted when the Sunday Mirror published its potentially prejudicial interview with Najeib's father, resulting in a retrial.
Bowyer's legal team say they have consulted human rights experts and are also considering making legal history by suing the newspaper after its interview brought about the retrial, doubling the costs.
Bowyer solicitor, Stephen Barker described the costs order made by Mr Justice Henriques as "unwarranted, unnecessary, unfair and unreasonable".
He added, "Unfortunately a judge's ruling is unappealable and that is another matter we are considering for the European Court as well as the justice of the decision itself. I am instructed to look at the possibility of suing the Sunday Mirror and going to Europe, and we will if we have to."
