Rape charge dropped as Milne pleads guilty to assault

The plea to the lesser charge came after the Office of Public Prosecutions today dropped three charges of rape.

His guilty plea brings to an end an ugly saga that had seen Milne protest his innocence for a decade.

Milne, who gave his occupation as unemployed, was supported at the Victorian County Court by wife Melissa and former teammates Nick Riewoldt and Lenny Hayes.

The 34-year old had faced three rape charges over the alleged rape of a university student in 2004.

He was accused of raping the 19-year-old at a Highett home that was shared by teammates Leigh Montagna and Justin Koschitzke, after a St Kilda family day.

Milne was scheduled to face a 10-day trial this month.

In August, his lawyer, Ruth Shann, told Judge Michael Bourke her client had been ‘very eager” to avoid any delays in the trial starting. She indicated at the time that his defence team might argue Milne could not get a fair trial because of alleged police mishandling of the investigation.

An earlier committal hearing was told that Milne’s accuser had believed she was having sex with Montagna.

Former AFL footballer Stephen Milne arrives at the County Court for his rape case hearing. Picture: Hamish Blair

She and a female friend had been sharing a bed with the two players in a darkened room at the Highett home.

Montagna told the hearing he believed no one had been forced to have sex against their will on the night.

The Melbourne Magistrates’ Court heard last year that Milne allegedly told his victim she was a “dirty girl”.

The claim came from the mother of the victim on the first day of Milne’s hearing over the rape charges.

At that hearing, the court heard the woman received a number of text messages from one teammate apologising for Milne’s behaviour, explaining “he was real drunk and didn’t mean it”.

Former AFL footballer Stephen Milne leaves court with wife Melissa after he pleaded guilty to indecent assault. Picture: Hamish Blair Source: News Corp Australia

Prosecutor David Cordy said once the woman discovered it was Milne and left the home, Montagna sent her a series of apologetic text messages, including one that said: “Sorry ’bout what happened tonight. I thought you knew it was him and not me.”

Another allegedly said, “He thought you knew it was him that was with you, not me. Sorry.”

Retired St Kilda star Lenny Hayes and Saints captain Nick Riewoldt at court to support former team mate Stephen Milne. Picture: Hamish Blair

The court heard the woman and her friend, both sober, met up with an intoxicated Milne and Montagna after they were refused entry to a St Kilda nightspot following boozy Family Day club celebrations.

Mr Cordy said the complainant had consensual sex with Montagna at the home he shared with teammate Justin Koschitzke, while her friend had consensual sex with Milne.

She then allegedly entered a darkened room with the other three and began kissing Milne, believing it was Montagna.

Mr Cordy said the young woman repeatedly told the accused, still believing it was Montagna, she did not want to have sex, saying, “Leigh, remember last time”.

Milne allegedly said, “Do you want me to be a good guy about this?” The court heard she replied: “Yes, I do not want to have sex”. Mr Cordy said the woman went to the bathroom and cried when she discovered she was with Milne, telling her friend: “I thought it was Leigh, I thought it was Leigh.”

“I kept saying no, but he kept putting it in,” she allegedly said. The woman complained to police later that day.

Montagna allegedly told police there was no agreement to swap partners and that there was no way the woman believed he was Montagna and he thought she was jealous.

Notes taken by a policeman at the time claimed Milne called the teenager a “footy slut” while being fingerprinted.

Leigh Montagna outside the Melbourne Magistrates’ Court in November last year.

The case has been marred by controversy and suddenly collapsed just days after speculation that police were on the verge of charging the two players. Former detective Sen-Det Scott Gladman claimed that a rape charge in 2004 against Milne collapsed amid a campaign of threats and intimidation from inside Victoria Police and by powerful club backers.

Chief Commissioner at the time, Simon Overland, described the allegations as “extremely serious (and) would be cause for deep concern”. In 2012, the Office of Police Integrity backed the decision not to charge the former Saints star with rape.

Its report on the case stated the original brief of evidence against Milne was sufficient for the Director of Public Prosecutions to make the decision. The DPP recommended to Victoria Police that Milne not be prosecuted on the grounds there was no reasonable chance of a conviction.

Milne was not charged until June last year following a fresh investigation into the matter.