Diouf is on loan to Bolton from Liverpool

Bolton Wanderers striker, El-Hadji Diouf from Senegal, is accused of spitting at a Middlesbrough fan during a match at the Riverside last November.

His solicitor has told magistrates on Teesside he will plead not guilty to the disorderly conduct charge.

The decision has sparked fury amongst MPs of all parties, who said it was an abuse of the legal aid system.

The case was adjourned earlier this month and a pre-trial review will be held on 21 June.

French speaker

A Teesside Magistrates Court spokeswoman confirmed the footballer had been given legal aid, which is now known as a representation order, and will mean his legal costs are paid for by the state.

Interest of justice test Factors considered in the test include: If the charge is serious enough to lead to imprisonment If it is serious enough to lead to damaged reputation If there is a substantial point of law to be considered If the defendant cannot state case because of lack of English If they cannot state their own case because of mental illness

Representation orders are granted to defendants if they pass an "interest of justice test" judged by the court.

The spokeswoman said Diouf had been granted legal aid because he was a French-speaker and so could not defend himself and, if he is convicted, magistrates would have to consider making a football banning order which could put him out of work.

She said they could not take money into account when making the decision.

'Beggars belief'

Bob Russell, MP for Colchester and the Liberal Democrat spokesman on sport, said: "I am appalled and equally appalled at the arrogance of the man to have the gall to ask for legal aid.

"We all know the law is an ass but we did not expect it to be as bad as this.

"It beggars belief that he had the nerve to ask for it. Clearly he is a man with no pride."

He added it demonstrated the system was in need of an overhaul.

'Abuse of system'

Former sports minister Kate Hoey said: "This seems to me not to be what legal aid was set up to do.

"There are many poor people in my constituency who have been refused legal aid.

"If someone on �40,000 a week can get legal aid there is something wrong with the system."

Geoffrey Clifton-Brown, Conservative MP for the Cotswolds, said: "This is a disgrace and an abuse of the system."

Diouf's solicitor declined to talk about the case.

Alan Walsh said: "This is a case that is with the courts. This is a matter that cannot be commented on."

The Legal Services Commission said individual courts made the decision to grant legal aid "in the interests of justice".

Earlier this month, proposed changes to the legal aid were outlined in the Queen's Speech, which would see the reintroduction of a means test.

Diouf was signed by ex-Liverpool boss Gerard Houllier for �10m in 2002 from French club Lens after he had starred in that summer's World Cup.

He is currently on loan to Bolton.

Your comments

It's not his fault the system provided him with this choice Tony, Southampton

To be fair, if given the choice of paying or not paying for legal aid which would you choose? It's not his fault the system provided him with this choice.
Tony, Southampton

If we're all innocent until proven guilty, why should anyone have to shell out to defend themselves? Legal aid should be given in all criminal cases (and have to be repaid if there's a conviction).
Mark O'Halloran, Brighton, East Sussex

This is a joke and an abuse of a system designed to help the vulnerable and those who could be at risk of miscarriage of justice. No-one who earns tens of thousands of pounds a week should be able to apply for any sort of 'legal aid' (translated as paid for by mine and your taxes) no matter the circumstances.
Jason, London, UK

It's no wonder the workers are taxed so hard, paying for someone who earns more in a week than I do in a year. It is very disheartening and is making me lose what little faith I had left in the establishment.
Mike, Slough

I am appalled to see that someone who can clearly afford legal representation can be granted legal aid when many people who can't afford are declined.
Sarah Cook, Wimbledon

It's a total joke. My friend is going through a divorce, she earns less than �11,000 a year. She was refused legal aid.
Daisy, Cardiff, UK