England cricketer Ben Stokes has been found not guilty of affray.
The all-rounder had been accused of punching Ryan Hale, 27, to the ground and knocking out Ryan Ali, 28, during an brawl outside a nightclub in Bristol in September last year.
Mr Ali sustained a broken eye socket, fractured tooth, a cut to his eyebrow and bruising to his face during the fracas, while Mr Hale suffered a superficial head wound.
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"As with any of our members who face difficult situations we provide the appropriate assistance. We have been working with Ben and his legal team over the last 10 months and have provided our support throughout. The PCA will continue to provide that support to Ben and Alex Hales including during the disciplinary proceedings."
Ben Stokes added to England squad for third Test against India after being found not guilty of affray
An ECB spokesperson 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 [CDC].
“Ben Stokes will now join the England squad for the third Specsavers Test against India, which starts at Trent Bridge on Saturday.
“Considerable detail has been heard in this week-long court case and, in due course, there will be a range of matters for the Board to fully consider.”
He told Sky Sports News: "It has been a long 10 months for him and his family.
"I'm delighted and hope we can see him back in an England shirt very soon."
Prosecutors applied for England cricketer Ben Stokes to be charged with two counts of assault occasioning actual bodily harm, relating to the two men he knocked unconscious, but this was turned down by the judge, it has emerged.
The decision to initially prosecute Mr Stokes with one charge of affray was made by the Crown Prosecution Service (CPS), following the involvement of Treasury Counsel based in London.
Treasury Counsel are appointed by the Attorney General to advise on and conduct important and complex cases on behalf of the CPS.
But on the first day of the trial at Bristol Crown Court, the prosecution applied for Mr Stokes to be charged with two counts of assault occasioning actual bodily harm.
Judge Peter Blair QC, the Recorder of Bristol, pointed out that Treasury Counsel had been instructed to advise on the case against Mr Stokes and co-defendants Ryan Hale and Ryan Ali.
"She didn't attend the plea and trial preparation hearing, she sent someone else from her chambers," he told the court.
The judge pointed out that the charge at the plea and trial preparation hearing had been affray, with assault occasioning actual bodily harm not mentioned.
A lengthy case summary, detailing the case against all three defendants, was drafted by Treasury Counsel in advance of that hearing, the court was told.
He asked Nicholas Corsellis, prosecuting, whether it was an insult to the local bar that an affray case had been dealt with by Treasury Counsel and those in London.
Mr Corsellis replied: "The presentation of this case is not in any way to be taken as any sort of criticism of the local bar.
"The Crown's position is that Mr Stokes was, at that point in time at about 2.30 in the morning, angry, frustrated and looking for conflict which he found with Ali and Hale.
"It is not the case that the Crown seek to highlight him because of his public standing. It is made on the basis of what is necessary."
But following submission from Gordon Cole QC, representing Mr Stokes, Judge Blair ruled that the two charges could not be added to the indictment.
He said it was "absolutely clear" that Treasury Counsel had not considered it was appropriate for Mr Stokes to be charged with actual bodily harm.
"This is a very late application," the judge said.
"In my view, it is not necessary for the indictment to be amended and I reject the application."
A spokeswoman for the Crown Prosecution Service 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."
"Having reviewed the evidence, the jury has concluded the actions of the defendants did not amount to affray and we respect this decision."
Social media 'posing problems for criminal trials'
The Ben Stokes trial once again highlighted the increasing problems faced by the courts in dealing with the proliferation of social media.
As soon as the trial began people were offering their opinions on Twitter on the case of the England all-rounder, as well as questioning his character.
One Twitter user created a poll asking whether Mr Stokes should play cricket for England again if he was convicted but escaped a prison sentence.
It once again showed the difficulty judges face of upholding traditional, strict contempt laws designed to ensure that defendants receive a fair trial.
The Contempt of Court Act 1981 sets out what can be published before and during a trial.
It is contempt of court to publish anything that creates a "substantial risk that the course of justice in the proceedings in question will be seriously impeded or prejudiced, even if there is no intent to cause such prejudice".
While journalists are well aware of the traditional restrictions, most of the public posting comments on social media sites are unaware of such limits.
In May former English Defence League leader Tommy Robinson was jailed for contempt after he filmed people involved in a criminal trial and broadcast the footage on social media.
He has since been released on bail when his conviction was overturned by the Court of Appeal and he faces a new hearing.
Judge Peter Blair QC, who presided over the trial, had initially warned the jury about press coverage and social media on the first day of the case as part of his standard directions to only try the case on the evidence they hear in the courtroom.
But by the second day he was forced to reinforce that message and instructed the panel to avoid looking at the social media commentary.
That morning, in the absence of the jury, Gordon Cole QC, defending Stokes, had raised the problem of social media.
Referring to posts on Twitter commentating on the media's coverage of trial, Mr Cole said: "Social media has gone mad. I have been receiving the fall-out from the result of the media using the footage.
"For example, a tweet yesterday: 'Turns out our hero Ben is an homophobic aggressive prick. It's amazing he was trying to tell us he was protecting two gay men'.
"That was in reference to the CCTV footage which was shown - The Sun footage.
"We would support the position of the Crown but to review this as it progresses, rather than just concede that it can all be released at the end of the day - we would welcome the opportunity.
"This is such a high-profile case that it is on the front page of every newspaper. It is the effect upon the jury."
The judge agreed and told the panel: "Because of the public interest in the individuals in the trial, who are accused, inevitably there is a great deal of press interest.
"It is inevitable that you will not be able to avoid the fact they are on the television and in the newspapers.
"But they can only ever present a fraction of the material that is presented to you and really you should not take any notice of them.
"One thing the court has no control over is the explosion of social media and it is likely in this case that people have tweeted things and put things on Facebook and make comments and who have not been in court.
"It's extremely important you don't examine material like that because it can come from all sorts of biased, unfair and inaccurate sources, people who have particular bugbears, and prejudices.
"I am asking that you do not go looking at that sort of material if you are someone who uses Twitter or Facebook or the multiplicity of social media sites."
Last year the then attorney general Jeremy Wright MP, the Government's chief legal adviser, launched a consultation on the impact of social media on criminal cases and establish whether extra reporting restrictions are needed.
PA
The 29-year-old batsman had been out drinking with Ben Stokes and other cricketers following England's win in a one-day international against the West Indies on September 24 last year.
Bristol Crown Court heard Stokes and Mr Hales, who plays for Nottinghamshire, arrived back at the Mbargo nightclub - where they had been drinking earlier that evening - in the early hours of September 25.
Door supervisor Andrew Cunningham refused to allow Stokes and Mr Hales back inside the nightclub and they eventually walked away, catching up with Ryan Hale, Ryan Ali, Kai Barry and William O'Connor.
The jury of six men and six women were told the exact start to the violence between the men is only known to them, although witness Max Wilson believed he saw the incident begin when one of the men was shoved.
Stephen Mooney, representing Mr Hale before his client was acquitted of affray on the judge's direction, told the court that Mr Hales was seen “stamping down on Mr Ali at least twice” when he was on the ground, after he was hit by Stokes.
“We have a recumbent man, whatever has happened before, lying in the road with an individual coming and stamping upon him,” Mr Mooney said.
He said it was at this time that Mr Hale became involved.
Mr Mooney asked Detective Constable Daniel Adams, the officer in the case: “We have someone lying on the floor, Mr Ryan Ali, and just above him, moving towards him is Mr Alex Hales.
“Would it be fair to describe that as Alex Hales kicking the man in the head?”
Mr Adams replied: “That's what it looks like, yes.”
Mr Mooney asked: “Well, it isn't 'what it looks like' - it's what it is?”
The officer confirmed: “Yes.”
Mr Mooney asked: “Ryan Hale has just been in a situation with Mr Stokes and Mr Ali. At the same time, Mr Hales has come in and used deliberate force with a shod foot, stamping down upon Ryan Ali to his body, then kicking him deliberately and in a considered fashion to his head?”
Mr Adams replied: “He has definitely used his feet on three occasions.”
He confirmed that Mr Hales had been interviewed under caution but had not been arrested or charged.
During legal submissions to the judge before the trial began, Mr Mooney questioned why Mr Hales had not been charged in relation to his alleged actions.
“I struggle to understand how the Crown in adopting the stance they have, have come to the conclusion that overt acts of direct violence used by an individual to someone on the floor is not worthy of prosecution,” he told Judge Peter Blair QC, the Recorder of Bristol.
Mr Mooney said the jury would “particularly struggle” with why Mr Hales's actions on the footage shot by Mr Wilson and subsequently bought by the Sun newspaper were not considered affray.
The jury heard that after Mr Hales allegedly kicked Mr Ali in the head, he attempted to pull Stokes away from the others and was shouting at him to stop.
Police bodycam footage after Stokes had been arrested show Mr Hales claiming that he had just arrived at the scene and had not been present for any of the violence.
Mr Hales told uniformed officer Pc Stacey Alway: “I came after you guys turned up.”
When she told him to leave Stokes, Mr Hales replied: “I feel bad. He's my best friend. I saw him after everything happened.”
Mr Hales says to Stokes: “I don't want to go. Are you sure? I turned up after the whole thing.”
In the police car, Stokes appears to mouth something like “Come with me” or “You're with me” to Mr Hales.
During his evidence, Stokes claimed he was telling his teammate to go home and “It's on me”.
A spokesman for Avon and Somerset Police said: “Early investigative advice was sought from the Crown Prosecution Service 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.”
Mr Stokes had "at least 10 drinks" in the hours before knocking two men out during a fight in Bristol city centre.
The England cricketer said he had drunk:
- One bottle of beer after England's one-day international victory against the West Indies at the cricket ground.
- "Two or three" pints of lager back at England's hotel with his post-match meal.
- "Five or six" vodka and lemonades while out celebrating with teammates in Bristol.
- Mr Stokes said he also had "some" Jagerbombs in the Mbargo nightclub.
Nicholas Corsellis, prosecuting, suggested to Stokes that the reason he was having problems remembering exactly what happened that night was because he was "actually really very drunk".
Mr Stokes replied: "No."
Co-accused Mr Ali had drunk six or seven Jack Daniel's and coke during the course of the night.
When he left Mbargo's, he was carrying a bottle of beer, which he accepted he must have bought to drink.
"Both our clients are delighted it's all over. They just want to get in with their lives."
Here is a timeline of the events surrounding the trial of England cricketer Ben Stokes for affray.
2017
- September 25: Ben Stokes and teammate Alex Hales are involved in an incident at about 2.35am near a nightclub in Bristol after England played the West Indies in a one-day international in the city.
- Ryan Ali suffered a fracture to his eye socket and his friend Ryan Hale also sought hospital treatment after they were both punched by Stokes.
- Mr Stokes is arrested by Avon and Somerset Police and released under investigation.
- September 27: England include Stokes in their 16-man Ashes squad, despite him suffering a minor finger fracture on his right hand. Mr Hales is not included.
- The Sun newspaper releases footage filmed by student Max Wilson showing the incident involving Mr Stokes and Mr Hales and Ali and Mr Hale.
- September 28: The ECB announces Mr Stokes and Mr Hales will not be considered for selection for England matches until further notice.
- October 11: Mr Stokes loses his sponsorship deal with sportswear brand New Balance. Mr Stokes apologises to Katie Price and her disabled son Harvey for a video that showed him imitating a TV clip of the youngster.
- October 14: Mr Stokes marries his long-term partner Clare Ratcliffe in Somerset. Some of his England teammates are guests at the church wedding.
- October 28: England fly out to Australia for the Ashes without Mr Stokes. England lose the series 4-0.
- November 29: Mr Stokes arrives in New Zealand to play for Canterbury Kings.
- November 29: Avon and Somerset Police announce they have completed their investigation and have sent their findings to the Crown Prosecution Service.
- December 4: It is announced Mr Hales will not face criminal charges, and the ECB says he is available for selection.
- December 6: Mr Stokes is named in England's one-day squad for the five-match series against Australia in the new year.
- December 23: Mr Stokes ends his spell with Canterbury and returns to England.
2018
- January 11: Mr Stokes is named in England's Test squad for the tour of New Zealand in March and April.
- January 15: Mr Stokes and two other men, Ryan Ali and Ryan Hale, are charged with affray following an alleged incident which left a 27-year-old man with a fractured eye socket. The England all-rounder says he is "keen to have an opportunity to clear my name".
- February 13: Mr Stokes, Mr Ali and Mr Hale appear at Bristol Magistrates' Court charged with affray. All three indicate not guilty pleas and elect to be tried by jury at Bristol Crown Court.
- February 14: Mr Stokes travels to New Zealand to join up with his England teammates for the forthcoming Test series. He plays in both Tests as England lose the series 1-0.
- March 12: Mr Stokes appears via video link from New Zealand to deny an affray charge. His co-accused deny the same charge. Judge Peter Blair QC, Recorder of Bristol, sets a trial date of August 6.
- August 4: Mr Stokes takes four second innings wickets as England beat India in the first Test at Edgbaston.
- August 6: Mr Stokes, Mr Ali and Mr Hale go on trial at Bristol Crown Court jointly accused of affray.
- August 9: Mr Hale is found not guilty of affray by the jury on the direction of the judge.
- August 14: Mr Stokes and Mr Ali are cleared of affray.
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Mr Stokes was jointly accused of affray alongside Mr Ali, who was also cleared of affray by the same jury on Tuesday.
It was alleged Mr Stokes was “enraged” after a doorman refused to allow him and teammate Alex Hales back into a nightclub hours after England had beaten the West Indies in a one-day international in Bristol.
Who is who
- Ben Stokes – Cricketer accused of punching Ryan Hale and Ryan Ali
- Ryan Ali – Jointly accused of affray alongside Stokes
- Ryan Hale – Acquitted of affray
- Kai Barry and William O’Connor – Gay couple who Stokes insists he stepped in to protect
- James Anderson, Jake Ball and Alex Hales, Liam Plunkettand Jonny Bairstow- Teammates of Stokes
- Andrew Cunningham – Door supervisor at the Mbargo nightclub
- Mark Spure- Off-duty police community support officer who told court Stokes had been ‘main aggressor’
The court heard Mr Stokes, 27, mocked two gay men by “mimicking this voices and mannerisms in a derogatory manner”, before a fight broke out.
Prosecutor Nicholas Corsellis accused the cricketer of being the “main aggressor” during the fight and said he hit the two men after “the red mist came down”.
But Mr Stokes denied ridiculing the gay couple, saying he was defending them against homophobic abuse and claiming they thanked him for protecting them.
The cricketer also said felt “under threat”, claiming Mr Ali held the neck of an upturned bottle in his hand and began “waving it around”.
Mr Ali said he was defending himself and claimed Mr Stokes was “very angry and looking for someone to pick on” on the night of the incident.
Mr Hale was acquitted of the same charge by the jury of six men and six women on the direction of the judge on Thursday.
