The view in England seems to be that Stokes will need to be in court as opposed to having his lawyer speak on his behalf. He has talked openly of wanting his chance to clear his name. That would start on February 13. In any case, the priority for England seems to be the five-game ODI series which follows the tri-series, and precedes the two tests against New Zealand.
Evidently the debate within the ECB on what to do about Stokes was long and forceful. There's a strong suggestion the vote among the 13 committee members was 8-5 in favour of allowing Stokes to play. However, at least two members are thought to have changed their vote during what must have been a fascinating discussion.
Two points of view held sway: what's good for England cricket (that is, getting the explosive match-winning allrounder back into the team) versus what is good for the image of the game (keep him out of the picture until this nasty mess is sorted for good).
Stokes could yet be in New Zealand on February 13. His legal advisers could seek leave to enter a plea in absentia. Another option is that Stokes travels to New Zealand immediately after that appearance, perhaps for some practice time with Canterbury - for whom he played six games late last year, remember - depending on developments over his case at the time.
England's move looks a cop out. It would have been a waste of time asking the players what they thought. Of course they want him back. But the ECB had advice that keeping Stokes sidelined would bring a visit from his legal eagles, pointing to an unreasonable restraint of trade considering the length of time he would be unavailable. The ECB, say legal experts, would have an extremely defendable position.
By the time he returns, Stokes will have missed out on more than £130,000 ($247,000) in match fees for tests and limited-overs internationals.
The ECB is a confused body right now. Time to take the heads out of the sand.
In case you think his importance on the field is over-played, Stokes is one of only four players named in both the International Cricket Council's test and ODI team of the year, alongside Australian opener David Warner, South African wicketkeeper Quinton de Kock and Indian batsman Virat Kohli.