Stokes is not now part of England's Ashes squad as he awaits the result of the ongoing police investigation into that incident outside a nightclub following his arrest on suspicion of causing actual bodily harm on 25 September.
As was the case ahead of the ongoing Ashes series, England's selectors were instructed to name their strongest squad for a five-match ODI rubber beginning in Melbourne on January 14.
"The ECB Board has convened via conference call to make the decision after being informed that Hales is deemed a witness and will face no charges". "Still waiting for the police report", coach Trevor Bayliss said, highlighting the enormous uncertainty over the star's availability.
"Whenever he comes back that's going to be a bit of a circus for sure", Bayliss said.
Acknowledging that scrutiny, Bayliss added: "I'm sure there will be". We won't know it actually until it comes along.
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In Stokes' absence, England kicked off the second Test by sticking the Aussies into bat in Adelaide but struggled to make any serious in-roads as the hosts closed day one on 209-4.
Stokes's father, Ged, said he never expected to see his son play for Canterbury and the family are planning a trip to Rangiora.
"'He is obviously getting cricket under his belt, which is a really good decision. given that he could potentially come back quickly". Opener Alex Hales has also been named in the squad after he was recently cleared of any wrongdoing in the Bristol incident in September, which led to the arrest of all-rounder cricketer Ben Stokes.
"The two openers we had did very well and it would be hard to go against (them)", Bayliss said.
"The two guys who have taken over, I just think that's the best way to go".
Moeen Ali, Jonny Bairstow, Jake Ball, Sam Billings, Jos Buttler, Tom Curran, Alex Hales, Liam Plunkett, Adil Rashid, Joe Root, Jason Roy, Ben Stokes, David Willey, Chris Woakes, Mark Wood.