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As it happenedended1533575027

Ben Stokes trial: England cricketer 'mocked gay man and threw cigarette butt at his head' before alleged fight

Monday 06 August 2018 18:03 BST
England cricketer Ben Stokes arrives at Bristol Crown Court to face affray trial

England cricketer Ben Stokes mocked a gay man and threw a cigarette butt at his head before “losing control” and knocking two men unconscious in a fight outside a nightclub in Bristol, a jury heard.

The 27-year-old is accused of punching Ryan Hale, 27, to the ground and then allegedly knocking out Ryan Ali, 28, a short time later.

Mr Stokes, Mr Hale and Mr Ali are jointly accused of affray - a charge they all deny - and are on trial at Bristol Crown Court.

Charges relate to an altercation in the Clifton Triangle area of the city on 25 September 2017 shortly after 2am, after the three defendants left the Mbargo nightclub.

Nicholas Corsellis, prosecuting, described Mr Stokes as "provocative and offensive" and in an "angry state of mind" before the alleged fight.

He said the sportsman “lost his control and started to attack with revenge, retaliation or punishment in mind, well beyond acting in self defence or defence of another”.

Mr Stokes had been in Bristol, staying in a hotel with the England cricket team, and was turned away from a nightclub shortly after 2am.

Mr Stokes offered door supervisor Andrew Cunningham £60, then £300, for entry, and became abusive when this was refused, the court heard.

Two gay men, Kai Barry and William O'Connor, emerged from the nightclub and began talking to Mr Stokes and Mr Hales.

Mr Corsellis told the jury: "Mr Cunningham observed Mr Stokes' behaviour towards them.

"He noted that he was mimicking their voices and mannerisms in what he described as 'a derogatory way', thereby making fun of their camp behaviour.

"The CCTV footage, which does not have audio, suggests that sort of behaviour did take place, with Mr Stokes copying hand gestures made by the men."

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CCTV footage showed Mr Stokes and Mr Hales catch up with Mr Ali, Mr Hale, Mr Barry and Mr O'Connor as they stand on Queens Road.

Mr Corsellis said it showed Mr Barry touching Mr Ali inappropriately to his groin area, before returning and trying to take his arm.

"Mr Ali responds by pushing Mr Barry away, albeit with no significant force," he told the jury.

He told jurors it would be an issue for them to decide whether the interaction between the men had simply been "banter or something more sinister".

Only the defendants know precisely how the fight started and it could have "stopped very quickly", he claimed.

"But during the incident Mr Stokes lost his control and started to attack with revenge, retaliation or punishment in mind, well beyond acting in self defence or defence of another," Mr Corsellis said.

"He knocked Mr Hale unconscious and then - after time to pause for thought, to calm - he did exactly the same to Mr Ali.

"Mr Ali received significant injuries, including a fractured eye socket, and required hospital treatment."

Mr Corsellis described the incident as "a sustained episode of significant violence that left onlookers shocked".

The trial continues.

Additional reporting by PA

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Good afternoon and welcome to our coverage of the latest developments from the trial of England cricketer Ben Stokes at Bristol Crown Court.

Tom Batchelor6 August 2018 13:22
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Stokes arrived at court this morning wearing a blue suit and red tie and walked straight into the building flanked by the media.

The charge he faces states that their "conduct was such as would cause a person of reasonable firmness present at the scene to fear for his personal safety", contrary to section 3(1) and (7) of the Public Order Act 1986.

A 27-year-old man allegedly suffered a fractured eye socket in the incident, at which fellow England cricketer Alex Hales was also present.

The trial before Judge Peter Blair QC, the Recorder of Bristol, is expected to last between five and seven days in courtroom one.

Stokes, of Stockton Road, Castle Eden, Durham; Ali, of Forest Road, Bristol; and Hale, of Burghill Road, Westbury-on-Trym, Bristol, are on bail.

Tom Batchelor6 August 2018 13:26
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The case has now been adjourned for lunch, so here is an update on this morning's developments.

- Earlier, potential jurors were asked by a judge whether they were "extremely committed" cricket fans following either the England or India teams. None of 16 jurors in waiting indicated they did.

- Prosecutor Nicholas Corsellis said an altercation took place in the Clifton Triangle area of the city on September 25 2017 shortly after 2am after the three defendants had all left the Mbargo nightclub having all been drinking. He claimed that "during the incident Mr Stokes lost his control and started to attack with revenge, retaliation or punishment in mind. Well beyond acting in self defence or defence of another".

- Mr Corsellis said it was "not a trivial moment of unpleasantness. It was a sustained episode of significant violence that left onlookers shocked at what was taking place".

- The prosecutor also claimed Stokes "mimicked" the "voices and mannerisms" of two "flamboyant, extrovert and openly gay men" who were at the club in a "'derogatory way' thereby making fun of their camp behaviour".

Tom Batchelor6 August 2018 13:34
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Ben Stokes arriving at court this morning

Tom Batchelor6 August 2018 13:37
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Ryan Hale (C) arrives at Bristol Crown Court

Tom Batchelor6 August 2018 13:38
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Ryan Ali (R) arrives at Bristol Crown Court

Tom Batchelor6 August 2018 13:39
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Stokes faces a maximum three-year jail term and/or an indefinite fine if found guilty. 

He missed the Ashes after being suspended from playing for England last year. Without him, England lost the series against Australia 4-0.

He has since played in the Test series against New Zealand, Pakistan and last week starred as England beat India at Edgbaston.

Tom Batchelor6 August 2018 13:41
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The trial is expected to resume at 2pm.

Tom Batchelor6 August 2018 13:41
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The trial has just resumed, with CCTV being shown to the jury of Stokes and Hales walking down the street in Bristol. 

Earlier, the court heard how Stokes allegedly mocked a gay man and threw a cigarette butt at his head before knocking two men unconscious in an fight.

Jurors were told the club Mbargo, as part of its licencing conditions, is unable to allow entry to additional customers after 2am and so the two cricketers were turned away after they turned up after that time.

Stokes offered door supervisor Andrew Cunningham £60, then £300, for entry, and became abusive when this was refused, the court heard.

Two gay men, Kai Barry and William O'Connor, emerged from the nightclub and began talking to Stokes and Mr Hales.

Mr Corsellis told the jury: "Mr Cunningham observed Mr Stokes' behaviour towards them.

"He noted that he was mimicking their voices and mannerisms in what he described as 'a derogatory way', thereby making fun of their camp behaviour.

"The CCTV footage, which does not have audio, suggests that sort of behaviour did take place, with Mr Stokes copying hand gestures made by the men.

"The discussion and behaviour continued but took a turn that caused Mr Cunningham some concern.

"Mr Stokes, notwithstanding his standing or occupation as a professional athlete, also smokes. He was smoking on the evening in question.

"Mr Cunningham had cause to be concerned when he saw Mr Stokes take either the unlit butt or the butt of his cigarette and flick it onto Mr O'Connor's head.

"Mr Cunningham said to Mr Stokes, 'if you want to start on anyone, start on me'."

The court heard Mr Hales had not seen Stokes flick the cigarette butt and asked Mr Cunningham why he was annoyed.

"When told by him that Stokes had flicked a cigarette at one of the men, he said: 'Stokesy - don't do that'," Mr Corsellis said.

CCTV footage shows Ali and Hale leaving the nightclub at 2.23am and engaging in conversation with Mr Barry and Mr O'Connor.

The group of four men then walked away from the club and towards Queens Road, with Stokes and Mr Hales remaining at Mbargo.

Stokes shook hands with one of the bouncers and tried to shake hands with Mr Cunningham, but this was refused.

Mr Corsellis said this "seemed to enrage Mr Stokes" and he left the nightclub angry after spending 18 minutes trying to get inside.

"Mr Stokes's behaviour outside the nightclub sets an important tone for what happened that night," he told the jury.

"He was clearly frustrated and annoyed. He took to acting in a provocative and offensive way towards Mr Cunningham and then Mr Barry and Mr O'Connor."

CCTV footage shows Stokes and Mr Hales catch up with Ali, Hale, Mr Barry and Mr O'Connor as they stand on Queens Road.

Mr Corsellis said it showed Mr Barry touching Ali inappropriately to his groin area, before returning and trying to take his arm.

"Mr Ali responds by pushing Mr Barry away, albeit with no significant force," he told the jury.

He told jurors it would be an issue for them to decide whether the interaction between the men had simply been "banter or something more sinister".

Only the defendants know precisely how the fight started and it could have "stopped very quickly", he claimed.

Tom Batchelor6 August 2018 14:25
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The jury has been shown video footage of the altercation, including a clip shot by a film student showing a man being punched to the floor.

The court also heard from an off-duty police officer who claimed to have seen a man with ginger hair strike another who "fell to the floor".

Tom Batchelor6 August 2018 15:08

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