BEN STOKES TRIAL

Stokes's defence lawyer shifts focus onto Hales, claims evidence 'ambiguous'

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Earlier on Monday, Ben Stokes was not included in the squad for the third Test against India.
Earlier on Monday, Ben Stokes was not included in the squad for the third Test against India. © Getty

The trial of England all-rounder Ben Stokes continued into its second week on Monday (August 13) with both the prosecution and defence making their closing statements.The jury will begin their deliberations on Tuesday while Cricbuzzunderstands that the Cricket Disciplinary Commission, the body charged with deciding whether Stokes will face any cricket related punishment, is unlikely to convene for several weeks after the trial.

Previously, a jury heard that Stokes, who has not been included in England's squad for the third Test against India, had knocked unconscious Ryan Hale, 27, and Ryan Ali, 28, during an alleged altercation in the early hours of Monday (September 25, 2017) in the Clifton area of Bristol. Both Stokes and Ali deny affray while Hale has been acquitted.

Earlier in proceedings, Stokes told Bristol Crown Court that he had stepped in when he heard Hale and Ali "shouting homophobic comments" at two gay men, Kai Barry and William O'Connor. The all-rounder also said he felt threatened during the alleged altercation, claiming that Ali had a glass bottle.

On Monday, Gordon Cole QC, representing Stokes, used his closing statement to question whether his client was getting "special treatment" because of his profile. "Throughout this trial there has been a focus on Ben Stokes," Cole said. "Is this man getting special treatment because of who he is?"

Cole also questioned whether the injuries suffered by Ali were caused by Stokes, implicating his fellow England teammate Alex Hales. ""You will see Mr Hales on one occasion appearing to kick," Cole said. "So, when the prosecution seeks to hang all the blame at Ben Stokes's door by saying he rendered people unconscious, just look at what happened.

"Think about kicks and stamps. Does it follow that all of these injuries are properly attributed to Ben Stokes? We say no. We say that the evidence is ambiguous."

In his closing statement, Nicholas Corsellis, for the prosecution, said Stokes "acted deplorably as the red mist came down" and accused the England player of "lying" when claiming he acted in self-defence. "Even if Mr Stokes has begun using self-defence, he very, very quickly after this became the aggressor, with Mr Hale trying to pacify him together with Mr Ali," Corsellis said.

"He was pursuing them into the road, repeatedly punching at them at least six times, with his teammate Alex Hales calling him away 'Stokes... Stokes... stop... stop...'. If Mr Stokes was being tried alone, we submit that his behaviour would constitute an affray. It is plain Mr Stokes is lying."

Meanwhile, the CDC is unlikely to convene for several weeks following the conclusion of the trial. The independent body - and not the ECB - will set a date for the hearing of both Hales and Stokes, having delayed their sitting so as to not prejudice the court case.

The CDC hearing could be delayed by a number of factors including whether any court verdict is appealed or whether any sentencing is delayed as well as their own logistical considerations including the need for the CDC to convene a panel and the time needed for the various sides to prepare legal cases for the hearing.

As a result, it is unlikely that a CDC hearing will take place in the immediate aftermath of the court case. In the meantime, the trial continues.

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