Ben Stokes not guilty - As it happened: Cricketer cleared of affray and will rejoin England squad for third test on Saturday

Co-accused, Ryan Ali, also acquitted of the same charge at Bristol Crown Court

Ben Stokes arrest footage released by police

England cricketer Ben Stokes walked free from Bristol Crown Court on Tuesday having been found not guilty of affray.

The all-rounder had been accused of punching Ryan Hale, 27, to the ground and knocking out Ryan Ali, 28, during an brawl outside a nightclub in Bristol in September last year.

Mr Ali sustained a broken eye socket, fractured tooth, a cut to his eyebrow and bruising to his face during the fracas, while Mr Hale suffered a superficial head wound.

Following a seven-day trial, the jury at Bristol Crown Court took under three hours to acquit Mr Stokes and co-accused Mr Ali of affray.

Mr Stokes will rejoin the England squad for the third Test against India at Trent Bridge on Saturday.

Please allow a moment for the liveblog to load

Mr Stokes was jointly accused of affray alongside Mr Ali, who was also cleared of affray by the same jury on Tuesday.

It was alleged Mr Stokes was “enraged” after a doorman refused to allow him and teammate Alex Hales back into a nightclub hours after England had beaten the West Indies in a one-day international in Bristol.

Who is who

• Ben Stokes – Cricketer accused of punching Ryan Hale and Ryan Ali
• Ryan Ali – Jointly accused of affray alongside Stokes
• Ryan Hale – Acquitted of affray
• Kai Barry and William O’Connor – Gay couple who Stokes insists he stepped in to protect
• James Anderson, Jake Ball and Alex Hales, Liam Plunkettand Jonny Bairstow- Teammates of Stokes
• Andrew Cunningham – Door supervisor at the Mbargo nightclub
• Mark Spure- Off-duty police community support officer who told court Stokes had been ‘main aggressor’

The court heard Mr Stokes, 27, mocked two gay men by “mimicking this voices and mannerisms in a derogatory manner”, before a fight broke out.

Prosecutor Nicholas Corsellis accused the cricketer of being the “main aggressor” during the fight and said he hit the two men after “the red mist came down”.

But Mr Stokes denied ridiculing the gay couple, saying he was defending them against homophobic abuse and claiming they thanked him for protecting them.

The cricketer also said felt “under threat”, claiming Mr Ali held the neck of an upturned bottle in his hand and began “waving it around”.

Mr Ali said he was defending himself and claimed Mr Stokes was “very angry and looking for someone to pick on” on the night of the incident.

Mr Hale was acquitted of the same charge by the jury of six men and six women on the direction of the judge on Thursday.

Key Points

• All-rounder accused of punching two men outside Bristol venue
• Sportsman cleared of affray
• Cricketer added to England squad for third Test against India

[14 August 2018 10:28 · Harriet Agerholm]

Good morning, welcome to The Independent's coverage of day seven of Mr Stokes's trial. Here, we will periodically sum up what is happening at Bristol Crown Court.

[14 August 2018 12:46 · Harriet Agerholm]

England cricketer Ben Stokes, 27, has been found not guilty of affray by a jury at Bristol Crown Court following a brawl hours after England played the West Indies in a one-day international in the city in September last year.

[14 August 2018 13:07 · Harriet Agerholm]

Here is a timeline of the events surrounding the trial of England cricketer Ben Stokes for affray.

2017

• September 25: Ben Stokes and teammate Alex Hales are involved in an incident at about 2.35am near a nightclub in Bristol after England played the West Indies in a one-day international in the city.
• Ryan Ali suffered a fracture to his eye socket and his friend Ryan Hale also sought hospital treatment after they were both punched by Stokes.
• Mr Stokes is arrested by Avon and Somerset Police and released under investigation.
• September 27: England include Stokes in their 16-man Ashes squad, despite him suffering a minor finger fracture on his right hand. Mr Hales is not included.
• The Sun newspaper releases footage filmed by student Max Wilson showing the incident involving Mr Stokes and Mr Hales and Ali and Mr Hale.
• September 28: The ECB announces Mr Stokes and Mr Hales will not be considered for selection for England matches until further notice.
• October 11: Mr Stokes loses his sponsorship deal with sportswear brand New Balance. Mr Stokes apologises to Katie Price and her disabled son Harvey for a video that showed him imitating a TV clip of the youngster.
• October 14: Mr Stokes marries his long-term partner Clare Ratcliffe in Somerset. Some of his England teammates are guests at the church wedding.
• October 28: England fly out to Australia for the Ashes without Mr Stokes. England lose the series 4-0.
• November 29: Mr Stokes arrives in New Zealand to play for Canterbury Kings.
• November 29: Avon and Somerset Police announce they have completed their investigation and have sent their findings to the Crown Prosecution Service.
• December 4: It is announced Mr Hales will not face criminal charges, and the ECB says he is available for selection.
• December 6: Mr Stokes is named in England's one-day squad for the five-match series against Australia in the new year.
• December 23: Mr Stokes ends his spell with Canterbury and returns to England.

2018

• January 11: Mr Stokes is named in England's Test squad for the tour of New Zealand in March and April.
• January 15: Mr Stokes and two other men, Ryan Ali and Ryan Hale, are charged with affray following an alleged incident which left a 27-year-old man with a fractured eye socket. The England all-rounder says he is "keen to have an opportunity to clear my name".
• February 13: Mr Stokes, Mr Ali and Mr Hale appear at Bristol Magistrates' Court charged with affray. All three indicate not guilty pleas and elect to be tried by jury at Bristol Crown Court.
• February 14: Mr Stokes travels to New Zealand to join up with his England teammates for the forthcoming Test series. He plays in both Tests as England lose the series 1-0.
• March 12: Mr Stokes appears via video link from New Zealand to deny an affray charge. His co-accused deny the same charge. Judge Peter Blair QC, Recorder of Bristol, sets a trial date of August 6.
• August 4: Mr Stokes takes four second innings wickets as England beat India in the first Test at Edgbaston.
• August 6: Mr Stokes, Mr Ali and Mr Hale go on trial at Bristol Crown Court jointly accused of affray.
• August 9: Mr Hale is found not guilty of affray by the jury on the direction of the judge.
• August 14: Mr Stokes and Mr Ali are cleared of affray.

[14 August 2018 13:11 · Harriet Agerholm]

"Both our clients are delighted it's all over. They just want to get in with their lives."

- Tony Miles,  solicitor for Mr Ali and Mr Hale

[14 August 2018 13:20 · Harriet Agerholm]

Mr Stokes had "at least 10 drinks" in the hours before knocking two men out during a fight in Bristol city centre.

The England cricketer said he had drunk:

• One bottle of beer after England's one-day international victory against the West Indies at the cricket ground.
• "Two or three" pints of lager back at England's hotel with his post-match meal.
• "Five or six" vodka and lemonades while out celebrating with teammates in Bristol.
• Mr Stokes said he also had "some" Jagerbombs in the Mbargo nightclub.

Nicholas Corsellis, prosecuting, suggested to Stokes that the reason he was having problems remembering exactly what happened that night was because he was "actually really very drunk".

Mr Stokes replied: "No."

Co-accused Mr Ali had drunk six or seven Jack Daniel's and coke during the course of the night.

When he left Mbargo's, he was carrying a bottle of beer, which he accepted he must have bought to drink.

[14 August 2018 13:22 · Harriet Agerholm]

England cricketer Alex Hales was interviewed under caution but never arrested or charged despite jurors being told he kicked and stamped on a man as he lay on the street.

The 29-year-old batsman had been out drinking with Ben Stokes and other cricketers following England's win in a one-day international against the West Indies on September 24 last year.

Bristol Crown Court heard Stokes and Mr Hales, who plays for Nottinghamshire, arrived back at the Mbargo nightclub - where they had been drinking earlier that evening - in the early hours of September 25.

Door supervisor Andrew Cunningham refused to allow Stokes and Mr Hales back inside the nightclub and they eventually walked away, catching up with Ryan Hale, Ryan Ali, Kai Barry and William O'Connor.

The jury of six men and six women were told the exact start to the violence between the men is only known to them, although witness Max Wilson believed he saw the incident begin when one of the men was shoved.

Stephen Mooney, representing Mr Hale before his client was acquitted of affray on the judge's direction, told the court that Mr Hales was seen “stamping down on Mr Ali at least twice” when he was on the ground, after he was hit by Stokes.

“We have a recumbent man, whatever has happened before, lying in the road with an individual coming and stamping upon him,” Mr Mooney said.

He said it was at this time that Mr Hale became involved.

Mr Mooney asked Detective Constable Daniel Adams, the officer in the case: “We have someone lying on the floor, Mr Ryan Ali, and just above him, moving towards him is Mr Alex Hales.

“Would it be fair to describe that as Alex Hales kicking the man in the head?”

Mr Adams replied: “That's what it looks like, yes.”

Mr Mooney asked: “Well, it isn't 'what it looks like' - it's what it is?”

The officer confirmed: “Yes.”

Mr Mooney asked: “Ryan Hale has just been in a situation with Mr Stokes and Mr Ali. At the same time, Mr Hales has come in and used deliberate force with a shod foot, stamping down upon Ryan Ali to his body, then kicking him deliberately and in a considered fashion to his head?”

Mr Adams replied: “He has definitely used his feet on three occasions.”

He confirmed that Mr Hales had been interviewed under caution but had not been arrested or charged.

During legal submissions to the judge before the trial began, Mr Mooney questioned why Mr Hales had not been charged in relation to his alleged actions.

“I struggle to understand how the Crown in adopting the stance they have, have come to the conclusion that overt acts of direct violence used by an individual to someone on the floor is not worthy of prosecution,” he told Judge Peter Blair QC, the Recorder of Bristol.

Mr Mooney said the jury would “particularly struggle” with why Mr Hales's actions on the footage shot by Mr Wilson and subsequently bought by the Sun newspaper were not considered affray.

The jury heard that after Mr Hales allegedly kicked Mr Ali in the head, he attempted to pull Stokes away from the others and was shouting at him to stop.

Police bodycam footage after Stokes had been arrested show Mr Hales claiming that he had just arrived at the scene and had not been present for any of the violence.

Mr Hales told uniformed officer Pc Stacey Alway: “I came after you guys turned up.”

When she told him to leave Stokes, Mr Hales replied: “I feel bad. He's my best friend. I saw him after everything happened.”

Mr Hales says to Stokes: “I don't want to go. Are you sure? I turned up after the whole thing.”

In the police car, Stokes appears to mouth something like “Come with me” or “You're with me” to Mr Hales.

During his evidence, Stokes claimed he was telling his teammate to go home and “It's on me”.

A spokesman for Avon and Somerset Police said: “Early investigative advice was sought from the Crown Prosecution Service in relation to Alex Hales' involvement in the incident and a decision was subsequently made at a senior level to take no further action against him.”

[14 August 2018 13:24 · Harriet Agerholm]

Social media 'posing problems for criminal trials'

The Ben Stokes trial once again highlighted the increasing problems faced by the courts in dealing with the proliferation of social media.

As soon as the trial began people were offering their opinions on Twitter on the case of the England all-rounder, as well as questioning his character.

One Twitter user created a poll asking whether Mr Stokes should play cricket for England again if he was convicted but escaped a prison sentence.

It once again showed the difficulty judges face of upholding traditional, strict contempt laws designed to ensure that defendants receive a fair trial.

The Contempt of Court Act 1981 sets out what can be published before and during a trial.

It is contempt of court to publish anything that creates a "substantial risk that the course of justice in the proceedings in question will be seriously impeded or prejudiced, even if there is no intent to cause such prejudice".

While journalists are well aware of the traditional restrictions, most of the public posting comments on social media sites are unaware of such limits.

In May former English Defence League leader Tommy Robinson was jailed for contempt after he filmed people involved in a criminal trial and broadcast the footage on social media.

He has since been released on bail when his conviction was overturned by the Court of Appeal and he faces a new hearing.

Judge Peter Blair QC, who presided over the trial, had initially warned the jury about press coverage and social media on the first day of the case as part of his standard directions to only try the case on the evidence they hear in the courtroom.

But by the second day he was forced to reinforce that message and instructed the panel to avoid looking at the social media commentary.

That morning, in the absence of the jury, Gordon Cole QC, defending Stokes, had raised the problem of social media.

Referring to posts on Twitter commentating on the media's coverage of trial, Mr Cole said: "Social media has gone mad. I have been receiving the fall-out from the result of the media using the footage.

"For example, a tweet yesterday: 'Turns out our hero Ben is an homophobic aggressive prick. It's amazing he was trying to tell us he was protecting two gay men'.

"That was in reference to the CCTV footage which was shown - The Sun footage.

"We would support the position of the Crown but to review this as it progresses, rather than just concede that it can all be released at the end of the day - we would welcome the opportunity.

"This is such a high-profile case that it is on the front page of every newspaper. It is the effect upon the jury."

The judge agreed and told the panel: "Because of the public interest in the individuals in the trial, who are accused, inevitably there is a great deal of press interest.

"It is inevitable that you will not be able to avoid the fact they are on the television and in the newspapers.

"But they can only ever present a fraction of the material that is presented to you and really you should not take any notice of them.

"One thing the court has no control over is the explosion of social media and it is likely in this case that people have tweeted things and put things on Facebook and make comments and who have not been in court.

"It's extremely important you don't examine material like that because it can come from all sorts of biased, unfair and inaccurate sources, people who have particular bugbears, and prejudices.

"I am asking that you do not go looking at that sort of material if you are someone who uses Twitter or Facebook or the multiplicity of social media sites."

Last year the then attorney general Jeremy Wright MP, the Government's chief legal adviser, launched a consultation on the impact of social media on criminal cases and establish whether extra reporting restrictions are needed.

PA

[14 August 2018 13:28 · Harriet Agerholm]

Co-accused Ryan Ali smiles as he leaves Bristol Crown Court

Andrew Matthews/PA Wire 

[14 August 2018 13:34 · Harriet Agerholm]

An Avon and Somerset Police spokesman said: "We carried out a thorough independent investigation into the events of September 25 before passing a comprehensive file of evidence to the Crown Prosecution Service which subsequently made the decision to charge.

"Having reviewed the evidence, the jury has concluded the actions of the defendants did not amount to affray and we respect this decision."

[14 August 2018 13:37 · Harriet Agerholm]

Mr Stokes claimed he was defending two gay men, Kai Barry and William O'Connor, from homophobic abuse during the trial.

Mr Barry and Mr O'Connor did not give evidence and no statements were read from them during the trial. Before deliberating the verdicts, the jury was instructed not to speculate about why they were not called.

A spokeswoman for the Crown Prosecution Service said: "The evidence of Mr O'Connor and Mr Barry was disclosed to the defence but it was not deemed necessary to call them as witnesses in the case."