TWO brothers have claimed they fled their homes into the night because they feared for their lives.

David and Lee Powell told a jury at York Crown Court that they were escaping from a near neighbour with a record for violence and two of his mates in the early hours of May 14.

Lee James Powell, 19, claimed that Lee Robertson had rugby-tackled him to the ground from behind minutes before, hit him near his eye with a rounders bat and punched him five or six times in the face before his brother David, 20, and others managed to free him. Then Mr Robertson and two other men approached their house.

"We were fearing for our lives," said Lee Powell and alleged that the brothers fled through their back garden into a field. David Raymond Powell said it was "pitch black".

Both brothers denied that their flight was to avoid arrest and that they had swung a pickaxe and garden spade at police during a night of disturbances on the Chapelfields estate, in York, in May.

The Powells, of Chapelfields Road, Acomb, deny affray. The jury was expected to consider its verdict today.

David Powell told the jury he was preparing for bed when he heard shouting and screaming outside and saw Mr Robertson "scrabbling" on his brother.

He went out to help Lee Powell.

Lee Powell claimed he did not see Mr Robertson until he was grabbed from behind.

He was on his way home from his then girlfriend's and was not involved with an incident involving a Ford Fiesta further down the street. He claimed that Mr Robertson cut him above his eye and inflicted other injuries on his body.

Both brothers claimed that Lee Powell was dazed and bleeding as David took him into their kitchen. Then they saw the trio approaching their house.

David Powell claimed he picked up a hoover tube and Lee Powell claimed he picked up a pickaxe from behind a wheelie bin to defend themselves as they stood at the door. They denied that the two men were calling out that they were police.

They denied verbally taunting the trio or throwing stones or bricks at them.

Both brothers claimed they were sprayed with CS gas, but they denied the police had drawn their batons.

Updated: 10:13 Thursday, November 18, 2004