Lee Bowyer was this week summoned to appear in court following the Newcastle United midfielder’s on-pitch confrontation with his teammate, Kieron Dyer, during the Premiership game against Aston Villa at St James’s Park on April 2. No action will be taken against Dyer.
A spokesperson for Northumbria Police said: ”After considering advice from the Crown Prosecution Service, it has been decided that Lee Bowyer will be summoned to attend Newcastle magistrates court at a date to be fixed for an offence under Section four of the Public Order Act and that there will be no further police action in respect of Kieron Dyer.” Section four covers abusive or threatening words or behaviour.
If Bowyer is found guilty of criminal conduct, Newcastle would be within their legal right to terminate his contract. The most severe legal punishment Bowyer could receive is a custodial sentence of up to six months.
All Football League and Premier League contracts have a standard clause relating to ”serious misconduct” and the employing club has the right to annul contracts, giving ”14 days’ written notice” — though the employee has the right to appeal. Newcastle United said the club would not be commenting for legal reasons.
Bowyer’s solicitor Steve Barker said he would seek a judicial review of the decision. 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”.
”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.” He said Bowyer would not comment.
Judicial review of a decision to institute a prosecution, although available, is in practice difficult to succeed in.
The fight was captured by television cameras and witnessed by 52 000 fans. Northumbria Police launched an investigation into the incident, which was broken up by a team-mate, Stephen Carr, and the Villa player Gareth Barry, after a member of the public expressed ”concerns”.
Bowyer (28) received an automatic four-match ban for the red card he was shown by the referee Barry Knight. Dyer was also shown a red card.
Bowyer arrived at Newcastle on a free transfer from West Ham United two years ago and it is understood that Newcastle would be willing to listen to offers this summer.
This week’s development may make it harder to attract takers — Charlton Athletic and West Ham have been mentioned — particularly if the legal process is lengthy. It could be six months before Bowyer appears for trial. — Â