Fury as footballers' trial collapses

The trial of two of England's most promising footballers on charges that they beat an Asian student unconscious collapsed yesterday after a judge ruled that a newspaper article could unfairly prejudice the case against them.

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Fury as footballers' trial collapses

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The trial of two of England's most promising footballers on charges that they beat an Asian student unconscious collapsed yesterday after a judge ruled that a newspaper article could unfairly prejudice the case against them.

The collapse of the £8m trial of Lee Bowyer and Jonathan Woodgate after 39 days at Hull Crown Court means they face a possible retrial. The trial judge, Mr Justice Poole, who did little to disguise his fury, also referred a possible contempt case against the Sunday Mirror – which published a two-page article on Sunday – to the Attorney General.

The jury of seven men and four women had deliberated for 21 hours over three days after hearing eight weeks of evidence before the offending article was presented to the judge yesterday morning.

The injured man's family lodged a complaint with the Press Complaints Commission over the article.

The report's timing during jury deliberations, convinced Mr Justice Poole of "a clear and substantial risk of prejudice.

"For 10 weeks and many months before that, all interested parties have been striving for justice for the victim, the victim's family and the defendants who have entitlement to a fair trial," he said. "This jury has applied itself, countless witnesses have attended to their considerable inconvenience. The result is that for now all that is derailed. Justice cannot be done in the sort of atmosphere created by the publication."

Mr Woodgate, 21, Mr Bowyer, 24, and Mr Woodgate's friends Paul Clifford and Neale Caveney, both 21, all denied assault and affray charges after the alleged attack on Sarfraz Najeib, 20, near the Majestyk nightclub in Leeds city centre.

On Thursday, the jury returned not-guilty verdicts on a charge of conspiracy to pervert justice against Mr Duberry, Mr Woodgate, Mr Clifford and Mr Caveney. After the collapse of the trial, a spokesman for Muhammad Najeib, Sarfraz's father, said he was "saddened" by events.

Colin Myler, Sunday Mirror editor, faces the threat of jail if any possible contempt case was found against the paper.

The judge indicated that a new trial would only be possible when the effect of the damaging article had "dimmed". Legal argument will begin at court this morning to establish when that might be. Defence lawyers will also argue for a stay of the charges and are expected to insist that publicity from the first trial makes another trial impossible in the UK.

After three hours of legal arguments, the judge asked the jury: "Is any of you aware of an article in yesterday's Sunday Mirror whether by seeing it or by discussing it with anyone else?" The panel returned after a 10-minute retirement and the foreman replied: "It's yes."

The Football Association indicated that the two Leeds players would not play for England until the case had dealt with the issue. They needed a police escort to guide them through the ranks of media and public waiting outside the court. They made no comment.