NOT for the first time, Lee Bowyer came out fighting yesterday after the midfield player was ordered to appear in court over his infamous on-pitch brawl with Kieron Dyer, his Newcastle United team-mate.

Bowyer has been summonsed to appear at Newcastle Magistrates’ Court for a public order offence relating to the incident, but Steve Barker, his lawyer, said that they would be referring the matter to the High Court amid “very real concerns” that the police’s decision to prosecute had been made for “political rather than legal reasons”.

Barker’s fears were echoed by Gordon Taylor, the chief executive of the Professional Footballers’ Association, who told The Times that he believed the Crown Prosecution Service (CPS) and the police had a “hidden agenda” to make examples of footballers, while other sports personalities involved in similar or more violent clashes escaped criminal action.

Bowyer was fined a record £228,000 by Newcastle and banned for seven matches and fined a further £30,000 by the Football Association after being sent off with Dyer in the Barclays Premiership game against Aston Villa at St James’ Park on April 2. Dyer, who was also banned for three matches, does not face any further action.

Northumbria Police began an investigation into the incident after a member of the public expressed “concerns” about the players’ behaviour and, after consultation with the CPS, opted to take action. A court date has not yet been fixed, but if he is found guilty of the offence, Bowyer could face up to six months in prison and a £5,000 fine.

Barker, who represented Bowyer when the player, then with Leeds United, was cleared in December 2001 of assaulting Sarfraz Najeib, an Asian student, outside a Leeds nightclub, believes that his client is being singled out for unfair treatment. Barker and David Giess, Bowyer’s agent, emphasised that no one had been injured in the altercation and referred to a number of recent incidents in rugby union in which players had been injured but no police action taken.

Foremost in their minds is thought to be the case of Neil Back, the Leicester flanker, who was banned for four weeks by the Rugby Football Union for punching Joe Worsley, of London Wasps, who needed 13 stitches, during the Zurich Premiership final at Twickenham on May 14. In a statement, Giess said: “The (Bowyer) incident resulted in no physical injury to any person, unlike various recent incidents in rugby union. I see no evidence of prosecution in those incidents. I can only deduce that the action by the police is due to political pressure.”

Barker said that Bowyer, 28, was “very upset” that the police had pursued the matter. “He has apologised privately and he’s apologised publicly,” Barker said. “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?’ ”

Taylor, who attended a CPS conference on Friday that addressed the issue of “Crime in Sport”, expressed grave concern that the CPS and police were “trying to make a name for themselves” by making an example of football because of its high profile. “The majority feel that sport is best able to deal with its own problems and that appears to be the case except where football is concerned,” he said.

“Lee Bowyer has already been severely punished and yet the police now deem it fit to pursue a criminal action. Surely their time would be better spent trying to ensure that our streets are safe to walk.” Newcastle declined to comment.

A spokesman for the FA said: “We feel that we have a very effective system in place to deal with on-field misconduct and on the very rare occasions where the police decide they want to make inquiries, we liaise very closely with them.” A spokesman for the CPS said that it was the police’s decision to pursue a criminal action and that they were there only to “offer advice”.

Explore Football

• Premier League

• Football League

• Scotland

• European Football

• International Football

• TheGame

• Live Match Tracker

• The Fink Tank

• Fantasy Football