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Ben Stokes trial: Full CCTV footage released, showing England cricketer 'mocking and throwing cigarette' at gay men outside nightclub

Prosecution alleges the newly released CCTV footage also shows the player flicking a V-sign at a bouncer, and suggests this reveals the angry mood he was in before an alleged brawl in which two men were knocked unconscious 

Adam Lusher
Wednesday 08 August 2018 13:27 BST
CCTV appears to show Ben Stokes mocking and throwing cigarette at gay man outside Bristol nightclub

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For most of its 11 minute, 54 second-duration, the CCTV footage of events outside Bristol's Mbargo nightclub shows nothing more than the banal, doomed attempt of two young men to talk their way past the bouncers and into venue.

Yet the disputed interpretation of two fleeting incidents lasting a total of about 50 seconds may be crucial to the guilt or innocence of England cricketer Ben Stokes.

The cricketer says he is innocent, but the prosecution says the CCTV shows the mood he was in shortly before he allegedly “lost control” in a brawl where Ryan Ali, 23, and Ryan Hale, 27, were knocked unconscious.

The first important incident begins when the time stamp on the newly released CCTV footage shows it to be 2.08am on 25 September 2017.

Stokes, 27, and fellow cricketer Alex Hales have been refused entry to Mbargo because it is now time for the club to close its doors to anyone who isn’t already inside. Stokes can be seen taking out what appear to be two bank notes and seemingly offering them to doorman Andrew Cunningham.

Stokes appears to be refused. He looks at his watch. He seems to offer the notes again, and again appears to be refused.

Stokes can be seen talking to the bouncer for about eight seconds, although since there is no sound on the CCTV, it is impossible to tell what he is saying.

And then, about one minute and 14 seconds into the video clip, with the time at 2.09am, Stokes moves his left hand up towards his chest and moves two fingers in a manner that could be interpreted as a relatively subtle flicking of a V-sign at Mr Cunningham.

Stokes appears to be saying something to Mr Cunningham as he does this, but again the silent CCTV footage gives no clue as to his precise words.

Ben Stokes fights with group of men outside Bristol nightclub

In his evidence to Bristol Crown Court, however, Mr Cunningham said that at some point during the conversation, Stokes mocked his tattoos and told the doorman his gold front teeth “make you look like a c***”.

The CCTV footage shows the talking and apparent attempts to get into Mbargo continuing before the gay men William O'Connor and Kai Barry appear and start chatting to Stokes and Mr Hales.

Stokes has claimed in his defence that he had acted that night to protect the two men from abuse for being gay.

But on the CCTV footage, less than a minute after Mr O’Connor and Mr Barry’s arrival, at about 2.12am Stokes can be seen throwing his right hand into what the prosecution claims was a deliberately camp gesture in mocking mimicry of the two gay men.

About ten seconds later, Stokes moves his arm up and makes a movement which the prosecution have interpreted as him throwing or flicking something at Mr O’Connor and Mr Barry.

It doesn’t seem possible to make out the object on the dimly lit, black and white CCTV footage but in court Detective Constable Daniel Adams, the officer in charge of the investigation, said he thought it was a cigarette butt.

Talking the jury through his interpretation of the footage, Mr Adams said: “Ben Stokes was mimicking William O'Connor as his back was turned and Mr Stokes flicks something at him.

“Stokes has just flicked something which we believe was a cigarette butt at William O'Connor."

Seconds later Mr Hales can be seen gently grabbing Stokes’ arms, in what could have been interpreted as an attempt to calm him down, although, again, since there is no sound it is impossible to know for certain.

At the end of the CCTV footage Stokes can be seen shaking the hand of someone who was out of shot in the Mbargo doorway, but may have been Mr Cunningham’s doorman colleague.

He moves his hand towards Mr Cunningham’s side of the doorway. If this was an attempt to shake Mr Cunningham’s hand, it appears the offer was refused.

Accompanied by Hales, Stokes walks off, still appearing to be gesticulating towards Mr Cunningham.

Soon afterwards, the altercation involving Stokes, and Ryan Ali and Ryan Hale began.

Prosecutor Nicholas Corsellis has told the jury: “Mr Stokes's behaviour outside the nightclub sets an important tone for what happened that night.

"He was clearly frustrated and annoyed. He took to acting in a provocative and offensive way."

In a statement to police shortly after the incident, however, Stokes denied being "aggressive" towards Mr Cunningham, instead accusing him of being "rude" and suggesting the doorman had a "chip on his shoulder".

The court also heard that Stokes also “denied mimicking or behaving in a derogatory manner towards Mr Barry and Mr O'Connor, saying that they had engaged in joking with each other. He denied flicking a cigarette butt at anyone.”

When arrested Stokes told police he had acted in the way he did because he was confronting someone who was “abusing my two friends for being gay”.

Stokes, Ryan Ali and Ryan Hale deny affray.

The trial continues.

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