Ben Stokes has been allowed to resume his international career partly because the England and Wales Cricket Board feared being sued for restraint of trade if he remained on suspension indefinitely.
New Zealand-born Stokes was yesterday cleared to play for England again and is expected to join the team in the country of his birth next month for the second half of a Twenty20 tri-series which includes Australia. England then play a five-match one-day international series and a two-test series in New Zealand. Stokes's first game is expected to be against New Zealand in Wellington on February 13.
The ECB's executive board made its decision over the course of several teleconference calls as chairman Colin Graves is on holiday in New Zealand. There was disagreement among the 14 members over the way forward. But, once they heard legal advice, the senior executive of Graves, Tom Harrison and Andrew Strauss were unanimous that Stokes should be made available for selection.
There was also pressure from the England team management. He retains the support of coach Trevor Bayliss, captain Joe Root and is a popular member of the team.
The ECB will be accused of double standards for suspending him when he was not charged and then clearing him to play once the Crown Prosecution Service had decided he should stand trial for affray. Stokes, who had a short stine playing for Canterbury while on holiday in New Zealand in December, was originally arrested on suspicion of causing actual bodily harm. But when the CPS charged him with the lesser offence of affray this week, the board's stance towards him softened. When he said in a statement on Wednesday that he intended to fight to "clear my name", it signalled he would plead not guilty and opt for trial at Crown Court, which would further slow up the legal process. The ECB lawyers warned it could take up to 18 months for the trial to reach Crown Court and suspending him for that long might lead to legal action for restraint of trade by Stokes.