Daily Mail

Stokes cleared – and straight back into England team

He walks straight back into team – despite failing to apologise for nightclub brawl

- By Josh White and Tom Payne

PROSECUTOR­S were left facing questions last night after a jury took just two and a half hours to clear England cricketer Ben Stokes of affray over his part in a violent street brawl.

Stokes, 27, and his co-defendant Ryan Ali, 28, were unanimousl­y found not guilty following a week-long trial at Bristol Crown Court.

They had denied the charge, which arose from a fracas outside a Bristol nightclub last September several hours after England had played a one-day internatio­nal against the West Indies.

Video showed Stokes – who admitted he had spent the evening drinking lager, vodka and shots – hitting Mr Ali and former soldier Ryan Hale, 27, with such force that both were knocked unconsciou­s.

Following his acquittal, and despite his failure to apologise publicly for his involvemen­t in the altercatio­n, Stokes was immediatel­y restored to the England squad for Saturday’s Test against India.

It can now be reported that a series of mistakes marred the proceeding­s, despite the Crown Prosecutio­n Service consulting the most senior counsel on how to handle the sensitive case. The CPS was forced to deny attempting to ‘highlight’ Mr Stokes because of his standing as an internatio­nal cricketer. Prosecutio­n mistakes included:

Helping police decide that fellow England internatio­nal Alex Hales should not be charged, despite CCTV appearing to show him kicking a prostrate Mr Ali three times in the head;

Charging Stokes with a single count of affray, an accusation they acknowledg­ed was inappropri­ate and inadequate only on the morning of the trial;

Failing to meet the basic level of evidence required to demonstrat­e a case against Mr Hale, who was cleared at the direction of the judge before his defence even began;

The CPS also failed to explain why gay couple Kai Barry and William O’Connor were not called to give evidence. They had insisted Stokes protected them from verbal abuse.

Stokes, who had admitted drinking heavily but denied being ‘really very drunk’ had insisted in court: ‘Everything I did that night, I did in defence of myself.’

He said he had acted to protect Mr Barry and Mr O’Connor from homophobic abuse.

Nottingham­shire batsman Hales, 29, had been credited by the prosecutio­n with attempting to calm the ruckus until footage of him ‘stamping’ on Mr Ali emerged in evidence. In police bodycam footage of Stokes’ arrest, Hales appeared to lie to PC Stacey Alway, claiming he had missed the fight.

Despite the severity of the violence he allegedly used, and his apparent lies to police, Hales was not arrested or charged, merely interviewe­d under caution.

In his closing speech, Stokes’ barrister Gordon Cole QC went as far as to suggest that Hales could have been responsibl­e for Mr Ali’s injuries, which included a fractured eye socket. The CPS said it was an Avon and Somerset Police decision not to pursue Hales.

On the morning the trial began, prosecutor­s sought to lay two additional, more serious charges against Stokes to reflect the injuries suffered by Mr Hale and Mr Ali. But Judge Peter Blair QC said introducin­g the counts of assault occasionin­g actual bodily harm, an offence carrying a sentence of up to five years in jail, would be unfair on Stokes and his legal team at such a late stage.

The decision to charge Stokes and his co-defendants with affray lay with treasury counsel Alison Morgan, who has acted in highprofil­e cases including the prosecutio­n of Stephen Lawrence’s killers.

But her decision is under scrutiny following the last- minute attempt to introduce the extra charges and the acquittal of Mr Hale halfway through the trial.

Jurors may have been baffled by the absence of Mr Barry and Mr O’Connor, who maintain that Stokes defended them against homophobic abuse. Sources said the CPS deemed them unreliable.

As the jury, who deliberate­d for two hours and 34 minutes, announced the not guilty verdicts, Stokes’ chest heaved and he staggered forward, tears welling in his eyes, before he shook Mr Ali’s hand. In the public gallery, Stokes’ wife Clare wept and embraced his agent Neil Fairbrothe­r.

Outside court, Mr Stokes’ solicitor Paul Lunt told reporters: ‘Today’s verdict represents the end of an 11-month ordeal for Ben during which time he has had to maintain his silence at times when many on social media, and certain parts of the Press, predetermi­ned his guilt long before the trial began.

‘The jury’s decision ... fairly reflects the truth of what happened in Bristol that night.’

A CPS spokesman said: ‘A decision to charge this case was made following detailed considerat­ion of the evidence and in accordance with the Code for Crown Prosecutor­s. The function of the CPS is not to decide whether a person is guilty of a criminal offence, but to make fair, independen­t and objective assessment­s about whether it is appropriat­e to present charges for a jury to consider. We respect the jury’s decision. The CPS keeps cases under continual review.

‘We selected the charge of affray at the outset in accordance with the Code. Upon further review we

‘End of an 11-month ordeal for him’

considered that additional assault charges would be appropriat­e.’

Avon and Somerset Police said: ‘ Early investigat­ive advice was sought from the CPS 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.’ The England and Wales Cricket Board 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.

‘Ben Stokes will now join the England squad for the third Specsavers Test against India. In due course, there will be a range of matters for the board to fully consider.’

 ??  ?? No apology: Ben Stokes and wife Clare at court yesterday
No apology: Ben Stokes and wife Clare at court yesterday
 ??  ?? Relief: Stokes and wife Clare leave court yesterday
Relief: Stokes and wife Clare leave court yesterday
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 ??  ?? Street brawl: CCTV of Stokes’ involvemen­t in the fight was shown to jurors during the trial
Street brawl: CCTV of Stokes’ involvemen­t in the fight was shown to jurors during the trial

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