A rugby fan has been granted permission to bring a private prosecution against Bath prop Kevin Yates over the alleged ear-biting incident. Roy Edey (72), was issued a summons against Yates by magistrates in the city detailing three alleged offences under the Public Order Act of 1986.

The charges relate to an incident at Bath Recreation Ground on January 10th when London Scottish flanker Simon Fenn suffered a severe wound to his ear which needed 25 stitches, during a cup match.

Yates (25), was suspended by his club on full pay three days later, pending an internal disciplinary hearing. He denied the alleged biting and has protested his innocence in three separate interviews with Bath Rugby Club officials.

England international Yates was one of three players cited by London Scottish after the alleged incident. The two other players were later dropped from the allegation.

Mr Edey said: "This will give Yates the chance to clear his name if he did not do it. He has the right to defend himself in a public court."

He was bringing the prosecution against Yates "in the public interest".

A retired solicitor's clerk, Mr Edey, of Harrow-on-the-Hill, north London, says his interest is in the enforcement of the law.

He said after the hearing that he would send the summons to Yates by post and inform Bath Rugby Club of the situation in writing.

The return date on the summons was set by magistrates for six weeks.