December 10, 2001 (Monday) from BBC News
Jury sent home in Leeds players' trial
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Midfielder Lee Bowyer denies the charges |
The jury in the Leeds and England footballers' trial has been sent home for the night.
Jurors will return to Hull Crown Court on Tuesday to continue considering their verdicts.
England defender Jonathan Woodgate and former England under-21 captain Lee Bowyer, along with Paul Clifford and Neale Caveney, are accused of attacking student Sarfraz Najeib during a night out in Leeds city centre in January 2000.
They are all charged with affray and causing grievous bodily harm. They deny the charges.
Mr Najeib, 21, from Rotherham, South Yorkshire, was bitten on the face and suffered a broken leg, nose and cheekbone in an attack in Mill Hill.
Dazed
The prosecution has claimed Mr Woodgate, 21, of Middlesbrough, Mr Bowyer, 24, of Leeds, and Mr Clifford and Mr Caveney, both 22 and from Middlesbrough, chased Mr Najeib and attacked him while he was unconscious, following a confrontation outside the Majestyk nightclub.
Mr Woodgate, Mr Caveney and Mr Clifford said they watched an incident taking place from the corner of Mill Hill but did not take part.
Mr Bowyer has told the jury he was assaulted as he jogged along nearby Boar Lane, was left dazed and returned to the nightclub.
But Mr Justice Henriques told the jurors before they retired at the start of the ninth week of the trial that the accused men's presence at the scene would not be a reason to convict them.
The judge told the seven women and five men that to be convicted of affray a defendant would have to be found to have used or threatened violence during a chase of Mr Sarfraz and his friends so that "a person of reasonable firmness" at the scene would fear for their own safety.
To be convicted of causing grievous bodily harm, he would have to be found to have encouraged the attack, punched, kicked or struck the victim, or prevented someone helping him, the judge added.
"Any verdict you return must be unanimous," he continued.
"If there is a time when I require a majority verdict I will send for you."
But the judge added: "May I suggest a regular vote is taken from time to time.
"Many juries agree at a comparatively early stage.
"Without a vote there is no way of knowing which way each of you is thinking."
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