Advertisement

Jury retires in England cricketer Ben Stokes' nightclub affray trial

The jury in the trial of England cricketer Ben Stokes has retired to consider its verdicts.

On Monday, judge Peter Blair QC told the jury of six men and six women they must strive to reach unanimous verdicts, and only when he directed them could they consider anything less.

He provided them with a "route to verdict" document with a series of questions they must answer if they are to return guilty verdicts.

Stokes, 27, is accused of affray after allegedly hitting two men after a row near a nightclub in Bristol.

It allegedly occurred after Stokes and his fellow England player Alex Hales went to the Mbargo venue, where they had been drinking earlier in the evening, in the early hours of 25 September last year.

The Durham all-rounder has insisted he acted in self-defence during the altercation, which he says took place after Ryan Ali, 28, and Ryan Hale, 27, abused two gay men.

Bristol Crown Court has heard the precise start to the violence was unknown but Stokes is alleged to have been aggressive towards doorman Andrew Cunningham, who refused the two cricketers entry as it was after 2am, by calling him a "c***" and insulting his gold teeth and tattoos.

The prosecution alleges that Stokes also threw a cigarette at the two gay men, Kai Barry and William O'Connor, outside the nightclub, as well as mocking them in a homophobic manner. They are said to have walked off with Mr Hale and Ali.

Ali, who is on trial alongside Stokes accused of affray, is alleged to have swung a beer bottle at Mr Hales.

The court has been told Mr Hales kicked Ali in the head and stamped on him as he lay on the ground, with Stokes then knocking out Mr Hale.

Stokes' defence barrister Gordon Coles QC told the court on Monday it was Mr Hales who may have been responsible for injuries caused to Ali.

Mr Hales was interviewed under caution but was never arrested or charged over the incident.

Mr Cole pointed out that prosecutors charged Stokes, Mr Hale and Ali with affray and not assault.

Last week, the jury acquitted Mr Hale of the charge after the judge ruled there was insufficient evidence against him.

Anna Midgley, representing Ali, told the jury her client felt "regret" after watching the footage of himself brandishing a bottle after Stokes and Mr Hales came over.

"But regret for how he behaved is a different question as to whether he has committed a criminal offence," she said.

Judge Blair told the jury they must consider the defendants' good character.

"You know that Mr Stokes is a man of national reputation and you heard that Ryan Ali is a man who works for the emergency services," he said.

Stokes, of Stockton Road, Castle Eden, Durham, and Ali, of Forest Road, Bristol, each deny one count of affray.