Ben Stokes insists he was defending gay men from ‘serious abuse’ during boozy brawl as he tells of relief at being cleared after 11 month ordeal
The England cricket ace, 27, fought back tears today after he was found not guilty of affray following a six-day trial at Bristol Crown Court
EMOTIONAL Ben Stokes today hit back after he was cleared over a boozy brawl – insisting he was only defending two gay men from “serious abuse”.
The England cricket ace fought back tears as he left court after being found not guilty of affray following an 11-month ordeal.
Stokes, 27, punched former soldier Ryan Hale, 27, and fireman Ryan Ali, 28, while on a night out in Bristol on September 25 last year.
He was also accused of mocking the “camp behaviour” of two gay men and flicking a cigarette butt at one of their heads.
But today Stokes hit back as he was cleared to play in England’s Second Test with India this Saturday.
In a statement read out by his lawyer Paul Lunt outside court, he said: “[Ben] was minding his own business when two men were subjected to serious homophobic abuse.
“Only when they came under attack did Ben become involved.
“His actions were solely aimed at ensuring the safety of those present.
“His intervention that night has already cost Ben his England vice captaincy and place on an Ashes tour.
“Ben is now keen to get back to cricket being his sole focus.”
Today his wife Clare and agent Neil Fairbrother wiped away tears as a jury found Stokes not guilty of affray after a six-day trial at Bristol Crown Court.
The sports star shook hands with Mr Ali when they left the dock after the jury took two-and-a-half hours to reach its verdict.
Mr Ali, who was left with a black eye and a fractured socket, was also cleared of affray today.
An ECB spokesman confirmed the Durham all-rounder will rejoin the squad for the match at Nottingham’s Trent Bridge.
During the trial, Stokes claimed “all of his actions were in self-defence” and that he reacted because he was “fearing for his safety”.
The cricketer said he “constantly felt under threat” from Mr Ali and he described him as acting in an “aggressive and violent” way.
Jurors were shown CCTV footage on Friday which showed Stokes being refused entry to Mbargo nightclub because it was after 2am.
Nicholas Corsellis, prosecuting, asked him who he was speaking to when he was looking up at the night sky – to which Stokes replied: “God?”
Stokes had earlier admitted downing Jagerbombs and the jury heard he had at least 10 drinks while celebrating England’s win over the West Indies.
FROM THE EXPERT: WHAT IS AFFRAY AND WHY WAS BEN STOKES CLEARED?
A JURY unanimously cleared England cricketer Ben Stokes of affray at Bristol Crown Court after getting involved in a boozy brawl on a night out in Bristol last September.
The 27-year-old maintained he was defending two gay men from “serious abuse” when he punched former soldier Ryan Hale and fireman Ryan Ali.
He was arrested and charged with affray – but what exactly does that mean?
Solicitor Jonathon Enston, of Slater & Gordon, explained: “Affray is the use of or threatened use of unlawful violence, which causes a person who is not directly involved to fear for their safety – so in this case that’s those around the scene of the nightclub.
“The jury would have had to ask themselves whether a reasonable person would act that way and whether or not that use of force was reasonable or excessive.”
Explaining the possibilities of how the jury reached its verdict, Mr Enston suggested: “Mr Stokes said from the outset that he acted in self-defence.
“The jury has either accepted his account or felt the prosecution hadn’t proven that he had not acted in self-defence.
“With the argument of self-defence, it comes down to a question of whether or not the use of force was reasonable in those circumstances.
“It’s the prosecution’s job to show in evidence that he was not acting to defend himself for another or that the force was excessive.”
The court previously heard how the 6ft 2ins all-rounder “mimicked” gay men Kai Barry and William O’Connor outside a club.
Stokes denied “bullying” the couple, but bouncer Andrew said he was “laughing at them, not with them”.
He and teammate Alex Hales had been refused entry to the club by bouncer Andrew Cunningham, who claims Stokes insulted his gold teeth and “s**t” tattoos.
Bouncer Andrew also claimed Stokes tried to bribe him with £300 in a failed attempt to gain entry into the club.
Witness Kai Barry, who was captured on CCTV talking to Stokes before the fight erupted, fled the scene after seeing a reveller hit the pavement.
He told BBC News: “It turned into a massive brawl.
“I got a bit scared so I walked off.”
Nicholas Corsellis, prosecuting, told the jury on the opening day of Stokes’ trial that Ali and Ryan Hale needed hospital treatment after Stokes “lost control” during a brawl.
Video footage shows Stokes pursuing Hale, who is holding his hands out in defence, before punching him in the face and knocking him out.
The footage then shows Ali appearing to raise a bottle and strike Mr Barry with it.
Mr Corsellis said: “Mr Stokes lost his control and started to attack with revenge or retaliation in mind.
“He knocked Mr Hale unconscious and then, after enough time to pause for thought, did the same to Mr Ali, who received significant injuries.
“It was a sustained episode of significant violence that left onlookers shocked at what was taking place.”
Mr Corsellis said on the video Ali can be heard saying “Move away, move away,” Hale yelling “Stop, Stop!” and Alex Hales urging his friend: “Stokes, that’s enough!”
In his evidence, Durham star Stokes told the court he had reacted after Ali started “waving” a bottle around.
He said: “To start off with he had threatened me, he then ran at one of my friends with a bottle threatening to hit him. I was trying to stop Mr Ali doing damage to anyone with a glass bottle.
“I remember taking a punch at Mr Ali, both of us rolling around the floor.
“I remember someone else coming up behind me and grabbing at me.
“One had already told me what he would do. I felt under threat by these two. He had ran at a close friend of mine with a bottle.
“As soon as I decided to get involved I felt that I was under threat and what I did was in defence of myself.”
But the prosecutor has suggested Stokes has a “significant memory blackout” regarding the night in question.
Stokes, who denied being drunk despite having at least 10 drinks, replied: “You could say that, yes.”
Mr Corsellis suggested Stokes had been lying in his evidence and told jurors he “moved way away from self defence and began to become the aggressor himself”.
The prosecutor also said the reason for the fight is unknown but a local who filmed the incident said the men were “acting like football hooligans”.
But Stokes’ barrister Gordon Cole QC says he took “reasonable actions” during the fight.
He also questioned whether the cricketer is getting “special treatment” because of who he is, adding: “Lets be clear about it, throughout this trial there has been a focus in Ben Stokes that requires careful consideration by you.
“Is this man getting special treatment because of who he is?”
Stokes and Ali both denied affray. The judge instructed the jury on Friday to find Hale not guilty.