Newcastle United have tried and failed to secure Joey Barton's availability for the club's pivotal match away to Liverpool on Saturday. The 25-year-old is unable to play in Merseyside as part of his bail conditions over a charge of assault and affray for an alleged incident in Liverpool city centre on December 27 and Newcastle have attempted unsuccessfully to have those restrictions relaxed.

With Kevin Keegan's team snared in a relegation battle - “we're in a relegation battle now; people might be scared to say it, but I'm not,” Alan Smith said yesterday - Newcastle need all the assistance they can muster. That includes maximising the services of Barton, even if the midfield player's form has largely been mediocre after his summer £5.8 million transfer from Manchester City.

Barton's bail conditions, which initially included a nightly curfew at the Sporting Chance Clinic in Hampshire, have been modified once to allow him to live on Tyneside. While a curfew still applies, he can participate in evening games for his club and is permitted to attend away matches provided he returns home immediately afterwards.

At a court hearing this week, Newcastle requested that Barton should be allowed to feature in their game away to Liverpool this weekend and on Merseyside again on May 11, against Everton, their final fixture of a difficult season. That plea was turned down, however, obliging Keegan to shuffle his midfield before a testing occasion; Newcastle have not won for 11 league fixtures. Barton is due back at Liverpool Magistrates Court on March 12.

Barton's absence will be regarded by Keegan, who worked with the England player at City, as another blow. The team have yet to experience victory under their new manager and stand only three points clear of the relegation positions; within the dressing-room, there is little doubting the severity of the club's situation, even if they have struggled to alter it.

“I've been here before with Leeds United and I know how difficult it is,” Smith, another player who has struggled to impose himself on Tyneside, said. “I was relegated at Leeds and I know how it feels. At times like that, you need everyone to go out there with the right attitude and with the courage to put their bodies on the line. You saw that from everyone against Blackburn Rovers [when Newcastle lost to a late goal] and I think we've got enough quality, and a manager who cares enough about this football club, to make sure we steer clear of it.

“Everything other than the result was good - you saw from the crowd's reaction. There have been times this season when we've been criticised, and quite rightly. We deserved it, but the fans saw a performance of endeavour, commitment and passion. It was good quality at times.

“Ninety-nine times out of 100 we would have won that game, but we ended up getting nothing. We would have been disappointed with a point, and ended up getting nothing. We've built and built and built since the new gaffer's come in. Training's been getting better and better and he's emphasised that we've got to take that on to the field. That's starting to prove its worth now. We're building and building and the gaffer's brought camaraderie into the squad.”

Shay Given will this week travel to a specialist in Belgium to assess the groin complaint that recurred during the recent 5-1 home defeat by Manchester United. The Ireland goalkeeper has been plagued by the problem since suffering a bowel injury away to West Ham United in September 2006, but is confident of avoiding surgery until the end of the season, before which he hopes to make his comeback.

Keegan is to decide whether to offer Lamine Diatta, the 32-year-old Senegal defender, a contract after the former Besiktas player took part in a pre-arranged practise game yesterday. Diatta has been training with Newcastle after being recommended by Dennis Wise's new scouting team.

Vasilis Torosidis has also been watched by the club recently. The 22-year-old right back, who plays for Olympiacos, is regarded as one of Greek football's most exciting prospects.