Clubber knocked out cold by England cricketer Ben Stokes blasts the CPS for charging him with affray rather than ‘treating him as a victim’
- Ryan Hale says he should have been a victim not suspect after Ben Stokes fight
- He also slams gay couple who said he had been abusing before street brawl
- Stokes and Ryan Ali were also found not guilty after trial at Bristol Crown Court
- England cricketer immediately restored to England squad for Saturday’s Test
- Prosecution mistakes include decided not to charge Alex Hales despite CCTV
- Also only charged Stokes with affray, which they acknowledged was inadequate
A former soldier knocked out by Ben Stokes today demanded to know why he was put in the dock and said he was the victim of an ‘unlawful assault’ by the England cricketer.
Ryan Hale, 27, also blasted claims he directed homophobic abuse towards a gay couple Stokes said he was defending when he punched Mr Hale and his friend Ryan Ali.
Mr Hale walked free during a six-day trial at Bristol Crown Court after the judge said there was ‘no evidence’ he was guilty of affray.
On Monday the England all-rounder was also cleared of affray along with Mr Ali, who suffered a shattered eye socket in the fracas.
Stokes had said he beat them in self-defence and accused Hale and Ali of abusing gay couple Kai Barry and William O’Connor, who have since done a series of interviews hailing the England star as a hero.
Ryan Hale, 27, and his friend Ryan Ali, 28, (together left) were both knocked out by Ben Stokes and all three men were cleared of affray at Bristol Crown Court
Pictured: Ben Stokes is captured on CCTV striking Hale, who said he should have been treated as a victim not a suspect
Kai Barry, left, and William O’Connor, right, thanked Stokes for stepping in to defend them against homophobic abuse – Mr Hale says they are not telling the truth
Mr Hale’s solicitor said today: ‘It is of concern to Mr Hale that following the conclusion of the trial, Mr O’Connor and Mr Barry, neither of whom were relied upon by the prosecution of the defence team for Mr Stokes, have taken the opportunity to speak with various media outlets about the alleged homophobic abuse that they received in the early hours of Monday September 25.
Prosecutors wanted Ben Stokes to face two charges of ABH
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.
The decision to initially prosecute 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 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 Stokes and co-defendants Ryan Hale and Ryan Ali.
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.
Following submission from Gordon Cole QC, representing 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 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.’
‘Mr Hale has passionately denied this allegation throughout the course of this case and he maintains this denial to date.
‘He denies that there was any animosity between the group throughout the evening, and he in fact left the Margo nightclub and greeted Mr O’Connor and Mr Barry in a friendly way, as supported by CCTV.
‘He does not in any way accept that there was any homophobic behaviour on his or his friend’s part.
‘It is upsetting to Mr Hale that although he was acquitted, the accusation that he was the author of such abuse remains.
‘Both Mr Hale and Mr Ali were knocked unconscious by Mr Stokes, and although Mr Stokes has been acquitted of an affray, Mr Hale struggles with the reasons why the Crown Prosecution Service did not treat him as a victim of an unlawful assault.’
Prosecutors have faced questions after a jury took just two and a half hours to clear Stokes of affray over his part in a violent street brawl.
Stokes, 27, and his co-defendant Ryan Ali, 28, were unanimously found not guilty following a week-long trial at Bristol Crown Court.
They had denied the charge, which arose from a fracas outside a Bristol nightclub last September several hours after England had played a one-day international against the West Indies.
Video showed Stokes – who admitted he had spent the evening drinking lager, vodka and shots – hitting Mr Ali and former soldier Ryan Hale, 27, with such force that both were knocked unconscious.
Following his acquittal, and despite his failure to apologise publicly for his involvement in the altercation, Stokes was immediately restored to the England squad for Saturday’s Test against India.
It can now be reported that a series of mistakes marred the proceedings, despite the Crown Prosecution Service consulting the most senior counsel on how to handle the sensitive case. The CPS was forced to deny attempting to ‘highlight’ Mr Stokes because of his standing as an international cricketer.
CCTV footage shown to a jury at Bristol Crown Court today shows England cricketer Ben Stokes (pictured far left) allegedly mocking the ‘camp gestures’ of two gay clubbers outside a nightclub in Bristol on September 25 last year
The prosecution alleged the England star bullied the two men by mocking their ‘camp gestures’ and accused him of flicking his cigarette at them
CCTV footage shown to jurors at Bristol Crown Court appears to show Stokes holding some money in an alleged bribe
Prosecution mistakes included:
- Helping police decide that fellow England international Alex Hales should not be charged, despite CCTV appearing to show him kicking a prostrate Mr Ali three times in the head;
- Charging Stokes with a single count of affray, an accusation they acknowledged was inappropriate and inadequate only on the morning of the trial;
- Failing to meet the basic level of evidence required to demonstrate a case against Mr Hale, who was cleared at the direction of the judge before his defence even began;
The CPS also failed to explain why gay couple Kai Barry and William O’Connor were not called to give evidence. They had insisted Stokes protected them from verbal abuse.
Stokes, who had admitted drinking heavily but denied being ‘really very drunk’ had insisted in court: ‘Everything I did that night, I did in defence of myself.’
He said he had acted to protect Mr Barry and Mr O’Connor from homophobic abuse.
Following his acquittal Stokes was immediately restored to the England squad for Saturday’s Test against India
Nottinghamshire batsman Hales, 29, had been credited by the prosecution with attempting to calm the ruckus until footage of him ‘stamping’ on Mr Ali emerged in evidence. In police bodycam footage of Stokes’ arrest, Hales appeared to lie to PC Stacey Alway, claiming he had missed the fight.
Despite the severity of the violence he allegedly used, and his apparent lies to police, Hales was not arrested or charged, merely interviewed under caution.
In his closing speech, Stokes’ barrister Gordon Cole QC went as far as to suggest that Hales could have been responsible for Mr Ali’s injuries, which included a fractured eye socket. The CPS said it was an Avon and Somerset Police decision not to pursue Hales.
On the morning the trial began, prosecutors sought to lay two additional, more serious charges against Stokes to reflect the injuries suffered by Mr Hale and Mr Ali. But Judge Peter Blair QC said introducing the counts of assault occasioning actual bodily harm, an offence carrying a sentence of up to five years in jail, would be unfair on Stokes and his legal team at such a late stage.
The decision is under scrutiny following the last-minute attempt to introduce the extra charges and the acquittal of Mr Hale halfway through the trial.
Jurors may have been baffled by the absence of Mr Barry and Mr O’Connor, who maintain that Stokes defended them against homophobic abuse. Sources said the CPS deemed them unreliable.
As the jury, who deliberated for two hours and 34 minutes, announced the not guilty verdicts, Stokes’ chest heaved and he staggered forward, tears welling in his eyes, before he shook Mr Ali’s hand. In the public gallery, Stokes’ wife Clare wept and embraced his agent Neil Fairbrother.
Outside court, Mr Stokes’ solicitor Paul Lunt told reporters: ‘Today’s verdict represents the end of an 11-month ordeal for Ben during which time he has had to maintain his silence at times when many on social media, and certain parts of the Press, predetermined his guilt long before the trial began.
‘The jury’s decision … fairly reflects the truth of what happened in Bristol that night.’
A CPS spokesman said: ‘A decision to charge this case was made following detailed consideration of the evidence and in accordance with the Code for Crown Prosecutors. The function of the CPS is not to decide whether a person is guilty of a criminal offence, but to make fair, independent and objective assessments about whether it is appropriate to present charges for a jury to consider. We respect the jury’s decision. The CPS keeps cases under continual review.
‘We selected the charge of affray at the outset in accordance with the Code. Upon further review we considered that additional assault charges would be appropriate.’
Avon and Somerset Police said: ‘Early investigative advice was sought from the CPS 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
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