Asian brothers issue Bowyer with writ over attack

Last updated : 20 July 2002 By The Mirror


LEE Bowyer was told yesterday he faced paying more than £100,000 damages for allegedly attacking Asian Sarfraz Najeib and his brother.

Lawyers served civil proceedings papers on the Leeds midfielder seven months after he was cleared at a criminal court of beating Sarfraz. It is claimed Bowyer continued "viciously" to kick the student, 22, as he lay on the ground.

He then allegedly kicked and punched Shahzad Najeib, 23, as the young man ran to his brother's aid.

Later, Bowyer is said to have plotted a cover up with others, including Jonathan Woodgate, to prevent being found responsible and paying compensation.

He is said to have lied about events on the night and failed to produce on request key evidence.

The burden of proof in a civil case is not as stringent as in criminal cases. Yesterday's papers lodged in the High Court at London said: "The damages claimed are more than £50,000 for each claimant."

Sarfraz's father, Muhammad Najeib, said last night: "The almost fatal assault on my son has turned our lives upside down. We have been victimised not only on the streets of Leeds but also in court.

"Had justice been done we could have moved on. But we need to know exactly what happened that night and who was responsible.

"The truth still needs to come out. This why we are knocking of the doors of the civil courts as the only option left to us to get justice."

The Najeib's lawyer, Imran Khan - who acted for the family of murdered black teenager Stephen Lawrence - confirmed that a claim had been served on Bowyer.

He said: "Clearly this is not the end of the matter. Other defendants will be served in due course."

Bowyer's solicitor, Qaiser Khanzada, said: "We have received the claim and will be filing a defence in the proper manner."

The dramatic development could not have come at a worse time for the star who is poised to join Liverpool in a £9million deal.

Yesterday as the papers were served he was pictured smiling with Liverpool manager Gerard Houllier.

But Mr Khan denied there was any significance in the timing although the proceedings were originally launched in April. He said: "We had to serve these papers by today. There is nothing significant about leaving it to the last minute."

Sarfraz and Shahzad were attacked by a group of men outside a Leeds nightclub in January 2000.

After two trials, the second at Hull, Bowyer was cleared of grievous bodily harm to Sarfraz with intent, and affray. Woodgate, 21, and Neale Caveney, 21, were cleared of GBH but convicted of affray. Paul Clifford, 22, was convicted of both charges and jailed for six years.

The Najeib family's lawyers claim Bowyer was a crucial part of the savage assault. Yesterday's claim says: "Within moments the defendant (Bowyer) joined in the assault on the first claimant (Sarfraz) by kicking and punching him about the body and head with the other men.

"The defendant and the men with him continued viciously to kick the first claimant even though he was unable to defend himself and had been brought to the ground.

"The second claimant (Shahzad), who had also been fleeing from the defendant and his associates, sought to protect his brother. He ran towards the group of men

"As he did so one of the men, closely followed by another, left the first claimant and approached the second with the intention of assaulting him. One of these men was the defendant. The two men then jointly assaulted the second claimant by punching him in the face and, after he fell, kicking him about his body."

Bowyer is being sued for damages for a shocking catalogue of injuries to Sarfraz.

They include multiple facial fractures, a fractured nose, leg and ribs and a bite injury to the left cheek. As a result, it is claimed, Sarfraz had to have prolonged medical treatment and physiotherapy.

He also suffered post-traumatic stress disorder and depression which required substantial treatment.

Injuries to Shahzad were listed as: bruising to his head, face, right leg and chest. He also suffered post post traumatic stress add depression which needed treatment.

As a result he had to quit his university business information course.

The court document obtained by the Mirror then details the cover up allegations. It says:

"After the assaults the defendant has dishonestly and unlawfully taken various steps to seek to prevent himself from being held responsible for the assaults and to prevent having to pay compensation.

"Such steps included unlawfully conspiring with others, including Jonathan Woodgate, to provide an untrue account of what had happened on the evening. Failing to produce to the police, on request, clothing and/or other evidence that would assist in the police investigation, and providing misleading evidence to the police and court.

"Denying to the police and the court his true role in the assault and seeking to persuade the police and court that an account of his role in the assaults, which he knew to be false, was true."

Last night both Leeds and Liverpool soccer clubs refused to comment.

Bowyer has convictions for attacking Asians at a Mcdonalds restaurant in East London, and possessing drugs.