Ben Stokes charged with affray after incident

By AAP,

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    Ben Stokes has said he is keen to clear his name after being charged with affray.

    Britain’s Crown Prosecution Service announced on Monday the England allrounder had been charged following an incident outside a Bristol nightclub in September.

    Stokes and two other men are due to appear before Bristol Magistrates’ Court at a date to be fixed.

    The 26-year-old has not played for England since the incident outside a nightclub, missing out on the Ashes tour to Australia. He did play in six domestic matches in New Zealand in December.

    The England and Wales Cricket Board has also given Stokes permission to play in the Indian Premier League, which starts in April.

    He posted on Twitter that he was ‘keen to have an opportunity’ to clear his name.

    “I gave a full and detailed account of my actions to the police on day one – the same day as the incident – and have cooperated at each step of the police inquiry,” he added.

    “The CPS’ decision … at least means that my account of what happened that night can come out in court and be made public.”

    Stokes was named last week in England’s Twenty20 squad for the tri-series against Australia and New Zealand next month but his participation was dependent on whether he was charged.

    “ECB is aware that Ben Stokes has been charged with affray in relation to an incident in Bristol in September,” an ECB spokesperson said.

    “The Board will now convene within 48 hours to decide on Ben Stokes’ availability to represent England at this stage.

    “A further announcement will be made in due course.”

    © AAP 2018

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    The Crowd Says (110)

    • January 16th 2018 @ 7:37am
      Christo the Daddyo said | January 16th 2018 @ 7:37am | ! Report

      Affray? Geez, after seeing the video I’m astonished he’s not been charged with assault and battery.

      What charmed lives famous people live…

      • January 16th 2018 @ 8:24am
        Neil Back said | January 16th 2018 @ 8:24am | ! Report

        Yeah, great the way the whole thing was rushed through the process so he could continue being famous on England’s tour. Which it wasn’t.

        And which part of your legal training and knowledge of the English judicial system leaves you astonished?

        • January 16th 2018 @ 9:13am
          Jake said | January 16th 2018 @ 9:13am | ! Report

          The Rotherham gang and the decades of child abuse ignored by the authorities.

        • January 16th 2018 @ 10:04am
          Christo the Daddyo said | January 16th 2018 @ 10:04am | ! Report

          My understanding of the definitions of affray, assault and battery. And my viewing of the video.

          • January 16th 2018 @ 12:28pm
            Neil Back said | January 16th 2018 @ 12:28pm | ! Report

            I can’t account for what you see, but you might like to check your understandings if you’re that astonished.

            • January 16th 2018 @ 12:49pm
              Christo the Daddyo said | January 16th 2018 @ 12:49pm | ! Report

              Yeah, I did. Still astonished. Why aren’t you?

              • January 16th 2018 @ 12:54pm
                Neil Back said | January 16th 2018 @ 12:54pm | ! Report

                Because I understand the law.

              • January 16th 2018 @ 1:12pm
                jameswm said | January 16th 2018 @ 1:12pm | ! Report

                I’m with Christo. Hard to see how it isn’t assault.

              • January 16th 2018 @ 2:02pm
                Neil Back said | January 16th 2018 @ 2:02pm | ! Report

                Which one of you is going to write to parliament to demand the law change?

              • January 16th 2018 @ 3:09pm
                Christo the Daddyo said | January 16th 2018 @ 3:09pm | ! Report

                I don’t need to write to parliament to get the law changed. It’s fine the way it is.

                Judging by what I’ve seen on the video, it’s pretty clear that Stoked should be charged with both assault AND battery. Note under English law these are two separate offences. Assault is where the victim fears for his/her safety, whereas battery is where physical contact actually happens. In the video, both of these appear to be occurring.

                But please, feel free to tell me how my descriptions of assault and battery are incorrect under English law.

              • January 16th 2018 @ 3:17pm
                Christo the Daddyo said | January 16th 2018 @ 3:17pm | ! Report

                And the victim’s fractured eye socket? Punched himself did he?

        • January 16th 2018 @ 3:43pm
          Basil said | January 16th 2018 @ 3:43pm | ! Report

          Who are you defending Neil Back?

          • January 17th 2018 @ 7:55am
            Captain Cranky said | January 17th 2018 @ 7:55am | ! Report

            I believe he’s Ben Stokes’ lawyer..

            • January 17th 2018 @ 11:01am
              Christo the Daddyo said | January 17th 2018 @ 11:01am | ! Report

              Judging by the aggression in many of his responses I’d say it’s Ben Stokes himself! You know, after a night out on the turps…;)

    • Roar Guru

      January 16th 2018 @ 7:53am
      Chris Kettlewell said | January 16th 2018 @ 7:53am | ! Report

      Affray is still a serious charge, but it’s significantly less than what he could have been charged with. So in many ways he’s already got off reasonably lightly. I suspect that he’ll have a much better lawyer than the other guys involved!

      • January 16th 2018 @ 8:26am
        Neil Back said | January 16th 2018 @ 8:26am | ! Report

        Yep, He could have been charged with murder. Except he didn’t commit that either Chris.

        • January 16th 2018 @ 9:45am
          jameswm said | January 16th 2018 @ 9:45am | ! Report

          Yep, that comment makes a lot of sense.

          • January 16th 2018 @ 12:23pm
            Neil Back said | January 16th 2018 @ 12:23pm | ! Report

            Far more sensible than ‘he’s already got away reasonably lightly’ where the author of the statement presumes to know the job of the CPS better than they. Something he does with a fraction of the evidence available to him and none of their legal knowledge.

            • January 16th 2018 @ 1:13pm
              jameswm said | January 16th 2018 @ 1:13pm | ! Report

              Nope, less sensible.

              You do realise this is an opinion site, right? You understand how that works?

              • January 16th 2018 @ 1:46pm
                Neil Back said | January 16th 2018 @ 1:46pm | ! Report

                James, sorry mate, but you’re just asking for this.

                This latest comment makes no sense at all. You just turned your own point against yourself?!

              • January 16th 2018 @ 2:16pm
                jameswm said | January 16th 2018 @ 2:16pm | ! Report

                Whatever you reckon. Makes a lot more sense to me than talking about charging Stokes with murder. Or that last comment (though no doubt you’ll come back to me again).

                Let me explain more slowly for you. You’re cutting down people for expressing an opinion, claiming they aren’t entitled to as as they don’t have enough facts or knowledge to express that opinion.

                Hence my comment.

              • January 16th 2018 @ 2:43pm
                Neil Back said | January 16th 2018 @ 2:43pm | ! Report

                Yeah James, you’re right, I am coming back to you. And thanks for going slowly but there really was no need.

                a. has an opinion.
                b. has an opinion which may or may not agree with a. by way of comment or observation.

                So far it’s an opinion site, happy days.

                Now c. arrives telling b. that by expressing an opinion, he’s missed the point of an opinion site.

                You, James, are the c. in this.

                Get it?

              • Roar Guru

                January 16th 2018 @ 4:14pm
                Chris Kettlewell said | January 16th 2018 @ 4:14pm | ! Report

                Neil, the point is, charging them all with Affray would suggest they would all just equally in the fight together. Certainly we haven’t seen what happened prior to the released video, but in that video the “fighting” is pretty much entirely one way, everyone else is backing away, and Stokes is going after them, laying into one guy on the ground, and laying out someone else who’s backing away with his hands in the air.

              • January 16th 2018 @ 4:56pm
                Neil Back said | January 16th 2018 @ 4:56pm | ! Report

                What ARE you talking about Chris?

                https://www.youtube.com/watch?v=RvXDg4IcYiw

                The video clearly shows one of the guys threatening Alex Hales with a bottle, with Stokes simply putting himself in between before he then swings it at one of the gay guys Hales and Stokes had earlier befriended (and these same guys had earlier abused in a bar). That’s when Stokes decides he’s had enough and steps in.

                The guy he’s ‘laying into on the ground’ as you accuse (the bottle attacker), actually has hold of his foot while his other mate get’s involved having a go at Stokes?! We call that a two on one where I come from.

                Don’t know what neighbourhood you grew up in Chris but as I’ve said before, I’ve seen the aftermath of a glass attack. Did Stokes go too far? I’ve little doubt the courts will decide yes.

                But please stop whining on about a one-way event.

              • January 16th 2018 @ 4:59pm
                Chris Love said | January 16th 2018 @ 4:59pm | ! Report

                Chris, what were you watching?

                The video I saw showed Ben Stokes becoming violent after the “victim” hit a third party with a stubbie. (Assault with a deadly weapon?). I’m not sure about the sheltered lives of some of the horrified sounding commenters on this site, but if you’ve ever seen the damage a bottle can do to someone in a street brawl, IMO the “victim” certainly deserved a good flogging.

                Wether that’s justifiable for Stoke’s intervention under the law and subsequent continuance of the Mele after the “victim” dropped the bottle is another question all together.

              • January 16th 2018 @ 6:00pm
                jameswm said | January 16th 2018 @ 6:00pm | ! Report

                Neil you’re saying you were b? You weren’t expressing a different opinion, you were telling people they weren’t entitled to one. Is that d?

              • January 16th 2018 @ 6:15pm
                Neil Back said | January 16th 2018 @ 6:15pm | ! Report

                James, seriously mate, you have to know when to give up. It’s usually when you stop making sense. You already passed that point a while back.

              • Columnist

                January 17th 2018 @ 11:47pm
                Ronan O'Connell said | January 17th 2018 @ 11:47pm | ! Report

                Neil the great thing about you is that you’re always a positive presence on here. Whereas some guys come on here and continuously whinge and expose themselves as chronic losers.

              • January 16th 2018 @ 9:16pm
                Adsa said | January 16th 2018 @ 9:16pm | ! Report

                Neil thanks for the link, I have not seen the full video of the stink. All the media shots I have seen are of the final few punches and not the bottle being brandished. Seems like the charge is fair and he has a good chance of defending it.

              • January 18th 2018 @ 8:23am
                Neil Back said | January 18th 2018 @ 8:23am | ! Report

                No Ronan. I’m part of the balance. Not the first time you’ve got that wrong.

        • January 16th 2018 @ 3:21pm
          Christo the Daddyo said | January 16th 2018 @ 3:21pm | ! Report

          How do you know he didn’t commit any other crimes? Were you there?

      • January 16th 2018 @ 9:39am
        Bakkies said | January 16th 2018 @ 9:39am | ! Report

        Surprise the CPS went down the Mag Court route where the max sentence is six months and/or a fine.

        • January 16th 2018 @ 1:03pm
          Neil Back said | January 16th 2018 @ 1:03pm | ! Report

          And you would have done something differently based upon what?

          • January 16th 2018 @ 2:41pm
            Bakkies said | January 16th 2018 @ 2:41pm | ! Report

            The evidence and injuries suffered by the victim are pretty clear that he should be sent to the Crown Court. His behaviour needs sorting out, it’s not the first time he has lashed out.

            • January 16th 2018 @ 5:02pm
              Neil Back said | January 16th 2018 @ 5:02pm | ! Report

              And you have access to the same evidence the CPS has gathered over these months?

              Of course you don’t.

              • January 17th 2018 @ 6:29pm
                Bakkies said | January 17th 2018 @ 6:29pm | ! Report

                Is Ben Stokes your mate?

              • January 19th 2018 @ 8:35am
                Arzydel said | January 19th 2018 @ 8:35am | ! Report

                The other issues that the court will bring into account are aggravating and mitigating circumstances; from what I have heard, the actions of the guy he hit earlier in the night i.e. homophobic abuse of and threatening behaviour towards a gay couple, whom Stokes came to the defence of will make a huge difference. The case will cut through all the bs from the press we have to deal with in the uk

    • January 16th 2018 @ 8:44am
      Mike Dugg said | January 16th 2018 @ 8:44am | ! Report

      The vice captaincy will be gone for sure now. And if England had Stokes they’d have won the Ashes the Poms claim.

      • January 16th 2018 @ 1:06pm
        Neil Back said | January 16th 2018 @ 1:06pm | ! Report

        Of course. Pointless asking you to refer us all to the source of that claim eh Mike? Unless of course, you’re pointing to yourself?

    • January 16th 2018 @ 8:46am
      spruce moose said | January 16th 2018 @ 8:46am | ! Report

      Cue the armchair lawyers…

    • Roar Guru

      January 16th 2018 @ 8:46am
      PeterK said | January 16th 2018 @ 8:46am | ! Report

      affray is clearly the right charge, he was brawling in public

    • January 16th 2018 @ 9:02am
      Jake said | January 16th 2018 @ 9:02am | ! Report

      Should be rubbed out for good but wont. . The poms are treating him as a hero so he’ll probably get a knighthood. They gave the PED fueled Bradley Wiggins one so Stokes is a shoe in.

      • January 16th 2018 @ 9:36am
        spruce moose said | January 16th 2018 @ 9:36am | ! Report

        Stones and glass houses Jake…

        Australia also has a colourful history in overlooking transgressions made by it’s own sportspeople.

      • January 16th 2018 @ 9:48am
        jameswm said | January 16th 2018 @ 9:48am | ! Report

        Nah I don’t think he should be rubbed out of cricket for good.

        He does the crime, he does the time, and he is given another chance. I won’t say a 2nd chance, because he’s on about his 3rd or 4th already. Hasn’t learnt though.

        Serves the English cricket right, for sweeping his other indiscretions under the carpet. He thought he was made of teflon.

        • January 16th 2018 @ 12:34pm
          Neil Back said | January 16th 2018 @ 12:34pm | ! Report

          And now you presume to know his mind. The brains trust on this thread is (now I’ll use it) astonishing.

          • January 16th 2018 @ 1:17pm
            jameswm said | January 16th 2018 @ 1:17pm | ! Report

            If he’d learned his lesson, he wouldn’t have been out that night involved in – well – affray. Would he?

            He’s pretty clearly shown us his mindset.

            So surprising to find a Pom on here trying to cut down anyone who dares to say something negative about a guy who broke someone’s eye socket while they were backing away

            • January 16th 2018 @ 1:39pm
              Neil Back said | January 16th 2018 @ 1:39pm | ! Report

              Let me help you James, because you’re still not getting it.

              I’m ‘cutting down’ the misinformed, presumptive and those clearly (and consistently) running an agenda.

              The fact I’m both English and Australian is irrelevant on this one.

              As an aside, as an English cricket supporter and a cricket fan in general, I’m not a fan of Stokes. His actions robbed us all of the best English cricket XI, and I always want the best of both sides in the competition.

              But I’ll leave those better positioned and qualified to decide his guilt in this one.

              • January 16th 2018 @ 2:18pm
                jameswm said | January 16th 2018 @ 2:18pm | ! Report

                You’re Australian?

                Now THAT is funny.

                In any case, who is running an agenda? And as if it makes any difference. I said he should be allowed back once he has served his punishment, not that it makes a lot of difference what I say.

              • January 16th 2018 @ 2:43pm
                Bakkies said | January 16th 2018 @ 2:43pm | ! Report

                Then that who would rule him out of standing for Federal Parliament.

              • January 16th 2018 @ 2:44pm
                Neil Back said | January 16th 2018 @ 2:44pm | ! Report

                Says so on my passport buddy. Now you’re arguing with the Australian government as well as the English. Outstanding.

              • January 16th 2018 @ 4:16pm
                Jake said | January 16th 2018 @ 4:16pm | ! Report

                No it doesn’t. You’re not an Aussie. Our standards are much higher

              • January 16th 2018 @ 6:02pm
                jameswm said | January 16th 2018 @ 6:02pm | ! Report

                You work for the Australian government, Neil?

          • January 16th 2018 @ 1:53pm
            Jake said | January 16th 2018 @ 1:53pm | ! Report

            Not much of a mind Stokes has. He’s a thug plain and simple.

      • January 16th 2018 @ 4:32pm
        Pedro the Maroon said | January 16th 2018 @ 4:32pm | ! Report

        Remember Ricky Ponting got away with similar behaviour when he headbutted a Kings Cross bouncer’s fists in the 90s.

        • January 17th 2018 @ 10:47am
          Big Daddy said | January 17th 2018 @ 10:47am | ! Report

          Can’t fight , can’t drink.
          It must have been joe the camera man.

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