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The Independent UK

National

Harriet Agerholm

Ben Stokes trial - as it happened: England cricketer tells court he had 'pretty stupid face' but wasn't drunk

Cricketer Ben Stokes has denied being drunk during an alleged brawl outside a Bristol nightclub, although he said he had a "pretty stupid face" when shown images from the night of the incident.

The all-rounder, 27, is accused of attacking two men during the fracas last September.

Mr Stokes entered the witness box on Thursday, the fourth day of his trial, to tell the jury he was protecting himself and others during the alleged fight with two men, Ryan Ali and Ryan Hale.

But Mr Hale earlier told Bristol Crown Court Mr Stokes "could have killed" him.

Mr Hale and Mr Ali were also charged with affray, although the judge instructed the jury not to find Mr Hale guilty since there was no evidence he used or threatened unlawful violence.

Live Updates

11:05

Hello and welcome to The Independent's live blog. It has been an eventful week so far and today is expected to be no different, with the cricketer to give evidence. Stay tuned.

11:15

Mr Stokes will be notably absent from test match between England and India today. He wished his teammates luck in Instagram this morning, saying: "Good luck to all the @englandcricket lads today and for the rest of the week, always exciting seeing guys get there first opportunity, hope it goes for you well for you."

11:19

Stokes 'could have killed me'

Ryan Hale told police he believed Mr Stokes could have killed him.

He officers in a formal interview: "I had a constant headache, which I'm probably going to go and get checked out again.

"It's the emotions of it all. The fact I've been attacked. Watching the video was shocking.

"I'm a dad. He could have killed me. I don't know why he didn't stop. You hear about it all the time - he could have.

"Just the way he was acting in the video, he could have beaten the living hell out of me. It's shocking to see someone doing that to someone who didn't do anything wrong.

"It's quite shocking to think that I've been put in a situation like that."

11:27

Ryan Hale was celebrating a promotion at the time of the incident, he told police.

He said he and Ryan Ali were walking up Queen's Road with two gay men, William O'Connor and Kai Barry, when Mr Stokes suddenly came running towards them.

"I remember two guys coming from the road and I remember saying 'I don't want no trouble'. I don't remember which order it was in. 'I don't want no trouble'," he said.

"Laid out on the floor. I don't really remember how it all happened from there."

11:33

Bodycam footage of Mr Stokes' arrest has been made available. It shows him in the back of a police car being questioned by officers.

Watch it here:

11:38

Mr Hale said in a formal police interview that as he and Ryan Ali were walking up Queen's Road with two gay men, William O'Connor and Kai Barry, there had been "banter",

"The first thing he did was put his hand on my knob. I'm an ex-soldier, to me it's banter," he said.

"It did not offend me at all. He was pinching my arse and I grabbed him and said 'You're coming home with me'. He said 'Just because I'm gay doesn't mean I'm going home with any other bloke'.

"He probably thought I wasn't going to be like that. I was like, it's fine, no problem, and just carried on walking."

11:39

Mr Hale told police he had suffered a mini-stroke that had affected his short-term memory a month before the alleged fight.

11:40

The prosecution has closed its case and the jury has been sent away until midday when Gordon Cole QC, representing Mr Stokes, is expected to begin presenting his client's case.

12:45

The jury have reportedly been directed by the judge to find Ryan Hale not guilty of affray. The judge at Bristol Crown Court said there was no case to answer evidence that he used or threatened unlawful violence.

12:49

Stokes called to give evidence

The cricketer swore on the Bible before beginning his evidence.

He told the court he was born in New Zealand and had been playing professional cricket since the age of 17.

Mr Stokes said he now plays for Durham and was in Bristol at the time of the incident, having been playing for England.

Under direction from Gordon Cole QC, Stokes lifted his right hand up and showed the jury injuries to his right index finger, small finger and middle fingers.

"My right index finger has been this way since 2011. It was a cricketing injury," he said.

12:59

Mr Stokes has told the jury he asked for his handcuffs to be loosened after his arrest because he had undergone surgery on his right hand in recent years. He had had about “five or six” operations on the hand, he said.

13:03

Mr Stokes has been giving details about his alcohol consumption before the altercation.

He told the court he may have had a beer to celebrate after his team won a match against the West Indies, but would have had to drive back from the ground to his hotel.

“Every ground we play at there is a person who looks after the changing rooms, and sometimes even if we lose, there will always be an eski with some beers,” Mr Stokes said.

When he returned to the hotel he drank two or three pints of lager with his meal, which he was eating with his wife Clare and three other players and their respective partners, he said.

13:09

After eating a meal, Mr Stokes and some of the other England players got taxis into Bristol city centre and went to the Mbargo nightclub, he told the court.

Defence lawyer Gordon Cole QC asked: "Were you drunk?"

"No," replied Mr Stokes.

Mr Stokes said the group went into the nightclub but most of the team left after a while and went to the Pryzm nightclub instead.

Mr Cole exhibited a photograph of Mr Stokes and teammates James Anderson, Jake Ball and Alex Hales taken outside Pryzm.

Mr Stokes described his face as a "pretty stupid face".

Mr Cole said: "There might be a suggestion that this photograph suggests your demeanour. Where you in a bad mood?"

Mr Stokes replied: "No."

He said he drank five or six vodka and lemonades in Mbargo before going to Pryzm and drinking "more than one" vodka and lemonades.

Mr Stokes said that he and Mr Hales decided to go back to Mbargo, leaving Mr Anderson and Mr Ball together.

13:15

The trial has been adjourned until 2.10pm for lunch.

14:30

Ben Stokes is back in court to resume his testimony.

14:45

Mr Stokes said he and his teammate Alex Hales were refused re-entry to Mbargo. He offered the bouncer money, but we still not allowed in.

He is watching CCTV of the night of the alleged fight. Mr Stokes denies sticking two fingers up at the bouncer.

14:56

Mr Stokes told jurors the bouncer was "pretty blunt".

Asked about offering Mr Cunningham money, Mr Stokes said it would have been around £60 or £70, but not £300.

“I would say it was £60, £70. I would say 'If we give you some money can we come in?'. (He said) 'No, you're not getting in',” Mr Stokes said.

Describing Mr Cunningham's tone, the cricketer said: “It was still blunt but there was definitely a change in his attitude from when we offered him money to get back into the club.

“The tone and the way he was speaking to us just changed. It went from being just blunt and started to be a bit more... It was like he had something against us because we had offered him money to get back in."

15:14

Mr Stokes said he did not use the "c-word" towards the bouncer

"I said to him 'Come on mate, I've got shit tattoos as well, let us back in'," he told the court.

Mr Stokes' defence lawyer asked him to explain the reference to “shit tattoos” and he replied: “I am constantly getting told by teammates and by who I play with that I have got shit tattoos.”

Mr Stokes denies flicking a cigarette butt at Mr Barry and Mr O'Connor, sticking two fingers up at the bouncer or mentioning his gold front teeth.

He said he been wearing black ripped jeans, a green t-shirt and white Buscemi high-top shoes with gold padlocks on the back.

“My attire on that night got mentioned,” he said. “It was one of the gay couple.”

Mr Cole held up the Buscemi leather shoes to the jury.

“I had never heard of the brand, I just quite liked them,” Mr Stokes said.

Judge Peter Blair QC interjected: “Italian white leather, aren't they?”

15:24

The jurors watched the CCTV clip of what appears to be Mr Stokes flicking a cigarette butt towards one of the gay men.

"I don't remember flicking a cigarette towards anyone," he said.

"Obviously, it looks like I have thrown something in the direction of one of those two gentlemen."

Mr Cole asked: "Did you get angry about what was being said? Upset? Enraged?"

Mr Stokes replied: "No."

He said before leaving he shook the hand of one of the two doormen, but the other refused.

15:36

Mr Stokes has told the jury he heard Ryan Hale and Ryan Ali shouting homophobic abuse at the two gay men outside the nightclub.

He said he could not remember specific words, but it was "very clear" they were making comments about their sexual orientation.

"I stepped in and said you shouldn't be saying those things to those two men."

When asked about the exact phrase he used, Stokes said: "You shouldn't be taking the piss because they are gay."

"I was told by Mr Ali along the lines of 'Shut the f*** up or I'll bottle you'."

Mr Stokes confirmed that he could see that Mr Ali was holding a beer bottle and added: "I went down the same lines as what I told them before and telling him that he shouldn't be saying what he was saying to those two guys."