Why weren’t gay men called to give court evidence?
THE GAY men who Ben Stokes claimed he was protecting from homophobic abuse have thanked the exonerated England star, saying he ‘didn’t deserve being put through a trial’.
Kai Barry, 27, and William O’Connor, 21, maintained in an interview broadcast yesterday that Stokes had been defending ‘people weaker than he was’.
Mr Barry said that the incident had begun because ‘someone came across the road and tried to hit me with a bottle’.
Yet the pair were never called on in court to back up Stokes’ version of events – and jurors were not told why. As he sent them out to consider their verdict, the judge urged them not to speculate on why these two key witnesses had remained absent from the trial.
Sources confirmed that they had been deemed unreliable, and their recollection of events was ‘fluid’. Their accounts of the fight also appeared to be flatly contradicted by CCTV.
Yet at the heart of the case were simple questions which only they could answer.
In yesterday’s interview, they pair stuck to their original story, describing how Stokes hit Mr Ali and Mr Hale after noticing ‘how homophobic they were and how nasty they came across’. Mr Barry added: ‘I thought he was just
a normal lad, you know, sticking up for someone who was weaker than he was, which was quite nice.
‘When I realised who he was, I thought fair play, because he’s obviously put his career at risk for someone that he never knew. I’d say thank you definitely, thanks for being there.
‘Sorry about all the drama we landed you in but a lot of appreciation.’
Mr O’Connor added: ‘We are really thankful for what he has done because Kai could have been left with a scar.’ Mr Barry, who describes himself as a model on online profiles, and Irishman Mr O’Connor are well-known on Bristol’s social scene.
Both have posted scores of social media shots documenting their numerous nights out on the town.
The pair are thought to live together in a run-down council house on the outskirts of Bristol – mid-morning callers to the address were met by Mr Barry opening the door in only his underwear.
So had Stokes been bullying them over their ‘camp’ mannerisms, as the prosecution claimed? CCTV appeared to show a swaggering Stokes mocking and mimicking them before flicking a cigarette butt, hitting one of them on the head.
Or had the all-rounder, as he claimed from the moment of his arrest, been their saviour, stepping in to shield them from cruel jibes before using his fists?
Stokes’ experienced legal counsel failed to place its trust in the pair’s version of events, raising questions as to whether their story would have stood up to court scrutiny.
A CPS spokesman 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.’