The Daily Telegraph - Sport

England’s chances after this grim story will hinge on the law

The ECB has bought time by suspending Stokes but is likely to find itself powerless

- Paul Hayward CHIEF SPORTS WRITER

Ashes cricket has an eventful history, but never has a whole tour hinged on an alleged fight outside an English nightclub. A consensus formed straight away. With Ben Stokes, England might make a series of it. Without him – a 5-0 Australia win is on the cards.

Those prediction­s – or assumption­s – might seem hasty, given the rollercoas­ter quality of Ashes tours. But this one was already wreathed in pessimism. Stokes was a talismanic obstacle to Australia’s hostile bowling. An all-rounder from the Ian Botham or Freddie Flintoff mould, he was marked down for swashbuckl­ing feats. He was one of the few who were lending this winter’s series dramatic edge. The Ashes were invented for his type of cricketer.

The law will make its own mind up, but in the narrow realm of sport, of cricket, the question now is: does Stokes have any chance of striding out at the Gabba for the first Ashes Test on Nov 23? To imagine the England and Wales Cricket Board statement turning back on itself to allow him to board that plane is hard, though some at the governing body will retain that hope. This is the crux: are there any circumstan­ces between now and Nov 23 in which Stokes “would” be considered for selection? The status quo – Stokes “will not be considered for selection” – is unlikely to be reversed, however much the multitudes would like to watch him in gladiatori­al combat with Australia.

The police investigat­ion into the brawl outside a Bristol nightclub that led Stokes and Alex Hales to this point cannot be pre-judged. Most observers deduce from the apparent video evidence, however, that Stokes would be fortunate not to be charged for an offence.

There are two strands to this: one legal, one ethical. If Stokes is charged in the next month or so for his part in the alleged fight, his presence in Australia would create a colossal distractio­n.

There would also be the complicati­on of the date chosen for his court appearance, which might clash with the cricket. To take him for half the tour, for example, is unthinkabl­e, even on the legal principle that he is innocent until proven guilty. The ECB would be within their rights to assess the effect on the rest of the squad.

Instantly, the tour would become the Ben Stokes brouhaha, with each delivery and swing of the bat shaped into a narrative about events in Bristol, the disciplina­ry state of English cricket and a looming court date back home.

Australia’s media are already unloading on a player their national team would love to see neutralise­d – and preferably left behind in England. The Sydney Morning Herald reported: “There was a feeling in Australian cricket circles on Thursday that there was no way the ECB could allow Stokes to play, with some saying the board risked becoming a laughing stock if he toured. There is also a belief that an Australian player would have had his contract torn up had he behaved in such a way.”

This rush for the high ground will amuse those with knowledge of Australian cricketing transgress­ions. But it sets the tone in the host country. The Herald’s Malcolm Knox writes: “A principled stance will be seen as a bit rich coming from Australia, but here it is anyway: England’s leaders have only to ask themselves how they would deal with this incident if it involved Mason Crane, or Craig

If Stokes is charged, his presence in Australia would create a colossal distractio­n

Overton, or James Vince, or any other of the fringe Test candidates?

“If any of those players had done what Stokes is alleged to have done, would their names still be on the squad list? Australian­s want to see Stokes too, but this is not about entertainm­ent, it’s about the law.”

Yes, the law. And the law has yet to show its hand, beyond the police detaining Stokes on suspicion of causing actual bodily harm. But among the published allegation­s are that men were heard to call “that’s enough, Stokesy” as the brawl developed, and that Stokes threw “15 punches in one minute”.

Stokes is not disputing he was at fault. He has apologised and is said to be “fragile and devastated”. He also has a minor fracture to a finger, which would complicate his Ashes preparatio­ns. Significan­tly, the ECB said he would “not be considered” for selection after viewing apparent CCTV footage of the brawl.

After buying time, though, and perhaps nurturing the hope that a formula can be found to bundle him to Australia, the game’s rulers were no nearer being in control of the real issue in this grim story, which is that decisions made in law will ultimately shape England’s chances in the Ashes.

In that respect, cricket is powerless, as it should be.

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