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Ben Stokes: What do you reckon?
Guilty as sin: ban him for 3 years
33%
 33%  [ 2 ]
Been a bit of a naughty boy: should be dropped and not tour
16%
 16%  [ 1 ]
Been a bit of a naughty boy: should cop a fine and remain Vice-captain
0%
 0%  [ 0 ]
The lad was only sticking up for his mates; no case to answer
50%
 50%  [ 3 ]
Total Votes : 6

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K 



Joined: 09 Sep 2011


PostPosted: Fri Feb 02, 2018 11:28 am
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Donny wrote:
England allrounder and 2017 IPL Most Valuable Player Stokes attracted the most attention and was sold to Rajasthan Royals for $2.4 million and will play under skipper Steve Smith.


No qualms, huh? How about that? We'll see whether the long arm of the law intervenes and calls a no-ball.
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K 



Joined: 09 Sep 2011


PostPosted: Sat Feb 03, 2018 7:09 am
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Nigel Short tweeting wrote:
Poor old Ben Stokes. Someone should have told him that the #bigbash was an #Australian league, not a night out in Bristol.
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Joined: 09 Sep 2011


PostPosted: Tue Feb 13, 2018 10:05 pm
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Quote:
Stokes pleads not guilty to affray

Ben Stokes has pleaded not guilty to a charge of affray over an incident outside a Bristol nightclub in September. His case was referred to Bristol Crown Court, with a first hearing set for March 12, which which is in the middle of England's tour of New Zealand but he is expected to now link up with the squad.

It is understood he will not be required to appear in person on March 12 . As a result, he will be free to resume his playing career - both with England and in the IPL - in the coming weeks.

...

The case was referred up to Crown Court, with a trial set for next month. Stokes' not-guilty plea was entered on the basis of self-defence and he was granted unconditional bail.


http://www.espncricinfo.com/story/_/id/22416122/ben-stokes-pleads-not-guilty-affray
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K 



Joined: 09 Sep 2011


PostPosted: Fri Feb 16, 2018 1:08 am
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No doubt Ben's manager and accountant are Stoked.
But let's see what happens in March.
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K 



Joined: 09 Sep 2011


PostPosted: Mon Mar 26, 2018 5:50 pm
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0 and 66 on his Test return vs. NZ as a specialist batsman.
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K 



Joined: 09 Sep 2011


PostPosted: Mon Apr 02, 2018 7:07 pm
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25 and 12 in the Second Test.
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K 



Joined: 09 Sep 2011


PostPosted: Thu Jul 19, 2018 10:10 pm
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England back Stokes to play in first Test despite court case

https://www.theage.com.au/sport/cricket/england-back-stokes-to-play-in-first-test-despite-court-case-20180719-p4zsau.html
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Joined: 09 Sep 2011


PostPosted: Sun Aug 05, 2018 12:48 am
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21, 2/73, 6, 4/40
1st Test, Eng. vs. India.

But D-day is Monday.
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K 



Joined: 09 Sep 2011


PostPosted: Tue Aug 07, 2018 6:30 pm
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Cricketer Ben Stokes 'mocked gay men before nightclub fight'

https://www.bbc.com/news/uk-england-bristol-45082248

Quote:
...
Nicholas Corsellis, prosecuting, said Mr Stokes, 27, had "knocked Mr Hale unconscious and then - after time to pause for thought, to calm - he did exactly the same to Mr Ali".

The prosecutor described Mr Stokes's actions as "well beyond acting in self-defence or defence of another".
...

A video showed Mr Ali hitting Mr Barry on the shoulder with a bottle.

Mr Stokes threw a punch at Mr Ali, and the pair fell to the ground, the jury were told.
...

He said that in the footage Mr Stokes' England team-mate Mr Hales could be heard to say: "Stokes, Stokes, that's enough."

Mr Ali said "move away, move away" and Mr Hale said "stop, stop", Mr Corsellis told the court.
...



[Comment: Following this requires a bit more concentration when two opposition figures are named Hales and Hale.]
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K 



Joined: 09 Sep 2011


PostPosted: Sat Aug 11, 2018 4:34 am
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Hit and miss: The murky world of justice in sport

https://www.theage.com.au/sport/hit-and-miss-the-murky-world-of-justice-in-sport-20180809-p4zwls.html

M. Knox:

"There was no doubting where Stokes was aiming his punches when he got into a street brawl in Bristol last September. Whatever the outcome of his criminal affray trial, the world has been able to see the type of person Stokes is ever since the footage of the fight was released.
...

Whether or not he is found guilty of affray, Stokes has been exposed in court as a bully, a twat, and an arrogant entitled sports ‘celebrity’ of the lowest kind. According to third-party witnesses such as the doorman of the club an intoxicated Stokes was trying to bribe his way into at 2am, an off-duty police officer and a member of the public, it was Stokes who was mocking and bullying the two gay men, Stokes who insulted the doorman for not accepting a 300-pound bribe, and Stokes who was the main aggressor in the fight. His gay ‘friends’ who he ‘defended’ had no idea who he was. And then this quality bloke used the credulity and hero-worship of fans and gullible journalists to spread the fiction that he was the hero of the night’s events. He made fools of them. I wonder how they feel now.

It seems absolutely impossible that Stokes could ever play again at the highest level of a sport that still uses the language of honour. But he probably will. If the jury acquits him, he can theoretically turn out for England next week. But does being found not guilty of a crime mean he is a fit and proper character to wear his country’s colours? Does anyone have to be a fit and proper character? If Stokes ever wears an England cap again, it will at least put to rest the quaint idea of the gentlemen’s game. The young man might consider spending the rest of his days paying restitution to his god or his good fortune. When you see those punches, you know that only luck saved Ben Stokes from being on a murder charge."
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K 



Joined: 09 Sep 2011


PostPosted: Sun Aug 12, 2018 9:29 pm
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https://www.theage.com.au/sport/cricket/ben-stokes-denies-he-was-drunk-during-alleged-assault-20180811-p4zwvq.html

Quote:
...
Nicholas Corsellis, prosecuting, suggested the reason he was having problems remembering exactly what happened that night was because he was "actually really very drunk", which Stokes denied.
...

"It's clearly in my statement that I admit to throwing multiple punches. At the time of that situation, I constantly felt under threat from Mr Ali."

Mr Corsellis asked Stokes if he had a "significant memory blackout" from the night in question.

Stokes replied: "You could say that, yes."
...
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K 



Joined: 09 Sep 2011


PostPosted: Tue Aug 14, 2018 6:08 pm
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Stokes' England teammate next in crosshairs in affray case

https://www.theage.com.au/sport/stokes-england-teammate-next-in-crosshairs-in-affray-case-20180814-p4zxae.html

Quote:
...
Stokes is accused of knocking Ali to the floor, with fellow cricketer Hales then apparently kicking his head and stamping on him as he lay on the ground.

The all-rounder is said to have knocked Hale unconscious before doing the same to Ali a short time later.

Ali suffered a fracture to the medial orbital wall on the left hand side of his face, with swelling on his left eye and a laceration above his eyebrow, a cracked lower left molar and a bruise behind his left ear.

Jurors have been told that Hales was interviewed under caution but not arrested or charged in connection with the incident.

Gordon Cole QC, representing Stokes, questioned whether his client had caused all of the injuries sustained by Ali given Hales' alleged involvement.

He asked the jury to carefully consider footage taken by student Max Wilson, who began filming from his bedroom window after hearing shouting from the street below.
...
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Joined: 09 Sep 2011


PostPosted: Wed Aug 15, 2018 3:44 am
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England cricketer Ben Stokes found not guilty of affray over street fight

https://www.theage.com.au/sport/cricket/england-cricketer-ben-stokes-found-not-guilty-of-affray-over-street-fight-20180814-p4zxij.html


[Comment: one wonders what is needed to be found guilty of affray. There were suggestions that affray was too light a charge for the severity of his actions. There was a minute's worth of video, which was publicly available for everyone to see. The only reported defence statement so far that seems to make any sense and have any chance of being true is the suggestion that some of the injuries suffered may have been the result not of his punches but of his teammate's kicking and stomping. Did the prosecution need to prove that the fractured orbital wall was caused by him in order for him to be found guilty? Is it not enough to demonstrate that some proportion of the flurry of wild punches he threw connected with the two victims? This is not good for cricket.]
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PostPosted: Fri Aug 24, 2018 11:05 pm
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Affray, according to the BBC:

"What is affray? Analysis from Clive Coleman, BBC legal correspondent

Under the Public Order Act 1986, 'a person is guilty of affray if he uses or threatens unlawful violence towards another and his conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety'.

So, though it may seem odd, the offence is not designed simply to protect those involved in the violent incident itself: it is also designed to protect other people who are present.

That could include, for example, passers by in a street, those drinking in a pub, or fans at a football game when violence is threatened or actually occurs.

However, the 'person of reasonable firmness' need not actually be present at the scene.

This person is sometimes known as the 'hypothetical bystander' and it is he or she rather than the victim, who must fear for his or her personal safety.

There must be a 'victim' present against whom the violence is to be directed, and some conduct, beyond the use of words, which is threatening and directed towards a person or people."

https://www.bbc.com/news/uk-england-bristol-45182868


[Comment: does this 'person of reasonable firmness' need to fear for his own safety, or is it enough for him to fear for someone else's safety? If the former, maybe one can understand the verdict, and maybe the prosecutors laid the wrong charge. If the latter... did the jury see that minute of video footage?]
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Joined: 09 Sep 2011


PostPosted: Mon Aug 27, 2018 12:07 am
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It does seem that bystanding people "of reasonable firmness" have to fear for their own safety for the charge of affray to be upheld.

Quote:
...
During submissions, lawyers argued that Stokes did not commit affray as his conduct did not "cause a person of reasonable firmness" to fear for their safety - part of the requirements for the charge.

Mr Cole told the court: "We have had the evidence of Andrew Spure, that he put himself into the middle of the incident.

"He has never said in his evidence that any of the violence was directed towards him, neither did he say that there were any threats directed towards him.

"Basically, he went to break up what was going on."

Mr Cole said two passers-by could be seen on the road and they continued looking for a taxi, rather than being "perturbed" by what was happening.

"Our submission is, however unattractive, it is a fight rather than an offence exhibiting the demonstration of affray," he told the judge.
...

The court heard evidence from Jess Thomas, a resident who retreated to bed after seeing the fight below her window.

But Anna Midgley, representing Ali, said: "Jess Thomas, in her statement, says that she was frightened but she doesn't say she was frightened for her personal safety."
...



https://www.manchestereveningnews.co.uk/news/uk-news/ben-stokes-affray-cricketer-court-15028375


If that's correct, then surely the prosecution laid an inappropriate charge. Under those terms, Stokes would have had to be indiscriminately charging at everybody, not just two specific people. It sounds like absurd bungling. How can they give the defendant's team the get-out that someone watching from her upstairs window was not frightened for her own personal safety? Perhaps this is what happens when, for whatever reason, prosecutors look for a lighter charge to apply to a public figure. What should perhaps be, for example, GBH (or whatever they call it in the UK) becomes affray, which then becomes an acquittal.
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