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
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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.
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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.
Prosecutors applied for England cricketer Ben Stokes to be charged with two counts of assault occasioning actual bodily harm, relating to the two men he knocked unconscious, but this was turned down by the judge, it has emerged.
The decision to initially prosecute Mr Stokes with one charge of affray was made by the Crown Prosecution Service (CPS), following the involvement of Treasury Counsel based in London.
Treasury Counsel are appointed by the Attorney General to advise on and conduct important and complex cases on behalf of the CPS.
But on the first day of the trial at Bristol Crown Court, the prosecution applied for Mr Stokes to be charged with two counts of assault occasioning actual bodily harm.
Judge Peter Blair QC, the Recorder of Bristol, pointed out that Treasury Counsel had been instructed to advise on the case against Mr Stokes and co-defendants Ryan Hale and Ryan Ali.
"She didn't attend the plea and trial preparation hearing, she sent someone else from her chambers," he told the court.
The judge pointed out that the charge at the plea and trial preparation hearing had been affray, with assault occasioning actual bodily harm not mentioned.
A lengthy case summary, detailing the case against all three defendants, was drafted by Treasury Counsel in advance of that hearing, the court was told.
He asked Nicholas Corsellis, prosecuting, whether it was an insult to the local bar that an affray case had been dealt with by Treasury Counsel and those in London.
Mr Corsellis replied: "The presentation of this case is not in any way to be taken as any sort of criticism of the local bar.
"The Crown's position is that Mr Stokes was, at that point in time at about 2.30 in the morning, angry, frustrated and looking for conflict which he found with Ali and Hale.
"It is not the case that the Crown seek to highlight him because of his public standing. It is made on the basis of what is necessary."
But following submission from Gordon Cole QC, representing Mr Stokes, Judge Blair ruled that the two charges could not be added to the indictment.
He said it was "absolutely clear" that Treasury Counsel had not considered it was appropriate for Mr Stokes to be charged with actual bodily harm.
"This is a very late application," the judge said.
"In my view, it is not necessary for the indictment to be amended and I reject the application."
Stokes says he has been through ‘11-month ordeal'
A representative for the cricket star spoke has outside the court to say he had been through an "11-month ordeal".
Speaking alongside Mr Stokes and his wife, the spokesman said the cricketer had been forced to maintain his silence at a time when people on social media and factions of the press “predetermined his guilt - long before the trial began,” he said.
“The jury’s decision that Ben is not guilty fairly reflects the truth. It was only when others came under threat that Ben became physically engaged with the men in question.”
As well causing Mr Stokes stress, the trial had court the sportsman the England vice captaincy, the spokesman said.
“Now that the trial is over, Ben is keen to get back to cricket being his sole focus," he said.
Here is a handy flow diagram which may help to make sense of the verdict:
Stokes is going to be back on the field with little delay it seems:
Stokes' England team-mate Jonny Bairstow earlier voiced his hopes that they will be playing together again soon.
He told Sky Sports News: "It has been a long 10 months for him and his family.
"I'm delighted and hope we can see him back in an England shirt very soon."
The England and Wales Cricket Board (ECB) has now put out a statement confirming Stokes's selection for Saturday's test match against India.
An ECB spokesperson said: “Now that the legal proceedings have concluded, the disciplinary process for Ben Stokes and Alex Hales can be scheduled by the Cricket Discipline Commission [CDC].
“Ben Stokes will now join the England squad for the third Specsavers Test against India, which starts at Trent Bridge on Saturday.
“Considerable detail has been heard in this week-long court case and, in due course, there will be a range of matters for the Board to fully consider.”
Ben Stokes added to England squad for third Test against India after being found not guilty of affray
The Professional Cricketers' Association has also responded to the result of the trial. In a statement they said: "The Professional Cricketers’ Association has been monitoring the recent trial involving Ben Stokes and we are of course aware of the outcome of the case.
"As with any of our members who face difficult situations we provide the appropriate assistance. We have been working with Ben and his legal team over the last 10 months and have provided our support throughout. The PCA will continue to provide that support to Ben and Alex Hales including during the disciplinary proceedings."
Gay couple “thankful for Stokes’ actions”
Bristol couple Kai Barry and William O’Connor have said Ben Stokes “didn't deserve being put through a trial”.
Speaking to ITV following Mr Stokes acquittal of affray at Bristol Crown Court, the pair told the broadcaster they were “really thankful” for what he did, after they were threatened with homophobic abuse.
Here's The Independent's story on Bristol couple Kai Barry and William O'Connor's reaction to Ben Stokes acquittal:
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