Ben Stokes: Prosecutors wanted ABH charges brought

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.

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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.

“She didn’t attend the plea and trial preparation hearing, she sent someone else from her chambers,” he told the court.

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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.

A lengthy case summary, detailing the case against all three defendants, was drafted by Treasury Counsel in advance of that hearing, the court was told.

He asked Nicholas Corsellis, prosecuting, whether it was an insult to the local bar that an affray case had been dealt with by Treasury Counsel and those in London.

Mr Corsellis replied: “The presentation of this case is not in any way to be taken as any sort of criticism of the local bar.

“The Crown’s position is that Mr Stokes was, at that point in time at about 2.30 in the morning, angry, frustrated and looking for conflict which he found with Ali and Hale.

“It is not the case that the Crown seek to highlight him because of his public standing. It is made on the basis of what is necessary.”

Added

But 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.”