Judge orders retrial for Leeds stars

The judge said: "I have no criticism of the victims [Sarfraz and his brother Shahzad Najeib] or their father. It is perfectly natural that they should have their views and they were not to know they would be published when they were, and even then they didn't have the awareness of a possible significance of such views at such time. They should not feel responsible for the difficulties."

He added: "A subjective definition of a racial incident has been described as the Macpherson definition, and it is not for this case to debate that definition. For all I know there may be situations in which it is helpful, I don't know.

"But resorts to it by the police and other authorities in the absence of any objective evidence may pose a problem. It attaches a stigmatising label to the incident and, by implication, to the suspects - one the prosecution may later have to detach itself from.

"It may be argued that serious prejudice can be created and a suspect cannot be fairly tried. It is a potentially serious problem which should and could be avoided."

The Macpherson Report was published after the inquiry into the murder of black teenager Stephen Lawrence at a bus stop in Eltham. One of its recommendations was that the police must treat any incident as being racist "where the victim or any other person believes it to be a racist incident".

Woodgate, 21, Bowyer, 24, and Woodgate's friends Neale Caveney and Paul Clifford, both 21, were not in court today. The new date for the trial will cut across the next football season, although Bowyer has continued to play for Leeds throughout the trial and Woodgate would have been available for selection had he been fit.

There will be a preliminary hearing in August when defence lawyers, who today did not oppose the Crown's application for a retrial, will argue that proceedings should be stayed because the footballers would be unable to get a fair trial.

Sarfraz Najeib, 21, was kicked and beaten unconscious after being attacked in Leeds city centre in January last year.

He suffered serious injuries including a broken leg, nose and cheekbone, after being chased with his friends by several white youths from the Majestyk nightclub more than 300 yards to Mill Hill, where he fell and was beaten.

Woodgate, Bowyer, Caveney and Clifford all pleaded not guilty to affray and causing grievous bodily harm with intent.

The jury had been considering their verdicts for 21 hours, over three days, when the trial was stopped. Earlier they had cleared Leeds United player Michael Duberry, 25, Woodgate, Clifford and Caveney of conspiring to pervert the course of justice. Leeds reserve team striker Tony Hackworth, 20, was cleared last month, on the judge's direction, of affray and grievous bodily harm.