Police will re-examine claims against Stephen Milne

[magnifisaint]

RAPE allegations against Saints star Stephen Milne will be examined again and it is possible he could still be charged.


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The Herald Sun has discovered an Office of Police Integrity report has recommended that Victoria Police review the brief of evidence against the talented St Kilda forward.

Milne, who reached his 500-goal milestone last weekend, has consistently protested his innocence and denied the claims.

The alleged victim, then a 19-year-old student, claimed to police that she was raped in a darkened bedroom of Milne's teammate Leigh Montagna's Highett home after celebrations for the St Kilda club's family day in 2004.

She told police she thought she was being intimate with Montagna and that she ran screaming from the room when a door opened and in the extra light she allegedly realised it was Milne lying beside her and not Montagna.

The OPI recently asked Victoria Police to have another look at the case to make sure all the evidence was properly prepared, recorded and kept by the force.

It has told Victoria Police it was not the OPI's role to examine the weight of evidence against Milne and has recommended that the force do so again in light of allegations of interference in the 2004 rape probe.

SAINTS FOOTBALLERS STEPHEN MILNE AND LEIGH MONTAGNA ENJOY A WIN FOR THEIR CLUB.
A Victoria Police spokesman last night confirmed the force has accepted the OPI recommendation and it will be reviewing the brief of evidence against Milne.

"Victoria Police has received the OPI's report on its inquiry into allegations of interference by police in the investigation of Stephen Milne and Leigh Montagna,'' the spokesman said.

"The OPI investigation was limited to the conduct of members of Victoria Police, or others, having influence over the conduct of the original rape investigation.

"It was beyond the scope of the OPI investigation to assess the weight of the evidence against the persons of interest.

"However, the OPI has recommended that the brief of evidence related to Mr Milne and Mr Montagna be reviewed to ensure all relevant evidence has been properly recorded and retained, which we will do.

"The report has also made a number of findings about shortcomings in the local management and oversight of the investigation.

"Whilst we will reflect carefully on these findings, it should be noted that Victoria Police has implemented substantial reforms and improvements to its sex crimes investigative processes since 2004, which we are confident would overcome these issues if repeated today.''

OPI investigators started probing the case in mid-2010, following claims police tried to derail the original rape investigation into Milne.



ST KILDA FOOTBALLERS STEPHEN MILNE AND LEIGH MONTAGNA CHAT DURING A RECOVERY SESSION AT THE CLUB.
Detectives involved in that 2004 investigation alleged a possible rape charge against Milne collapsed amid a campaign of threats and intimidation from inside Victoria Police and by powerful backers of the St Kilda club.

Milne and Montagna, who have each denied any wrongdoing, are expected to play in Saturday night's game against Hawthorn at the MCG.

Victoria Police Ethical Standards Department officers raided Brighton police station in June 2010 as part of the OPI probe and allegedly discovered that vital evidence relating to the case was missing.

Former Victoria Police detectives Scott Gladman and Mike Smith, who investigated the alleged rape in 2004 while stationed at Brighton CIU, claimed other police tried to influence them not to prosecute Milne.

They prepared a brief of evidence against Milne for rape, but charges were never laid.

Mr Smith said in 2010 he was shattered by the decision of his superior officer, backed by the Director of Public Prosecutions, not to prosecute Milne on the grounds there was no reasonable chance of a conviction.

"We thought we had done a great job. We thought we had all the bases covered,'' he said.

The Victoria Police spokesman last night confirmed the original rape probe had been hindered.

"The OPI concluded that whilst no specific evidence of actual interference was found, Scott Gladman's concerns that the investigation was the subject of undue interference were reasonable,'' he said.

"Leaks to the media, for example, caused unnecessary distress to the complainant and her family, and hampered the investigation.''

Mr Gladman said in 2010 he believed there was enough evidence for charges to be laid against Milne.

He said text messages sent by Milne and Montagna the next day could have formed part of the case, if it had gone ahead.

Montagna allegedly sent a message saying sorry, and that he had thought the alleged victim knew it was Milne.

And Milne sent a text to the alleged victim's friend, saying sorry about the mix-up.

In a taped police interview, Milne admitted digital penetration of the alleged victim, but denied intercourse took place.

He denied trying to have sex with the woman after she told him she would not go ahead without a condom.

Mr Gladman said Milne claimed that any sexual activity was consensual and that the alleged victim "must have known it was him''.

The former detective was critical of Montagna's refusal to make a full statement after initially co-operating with police and being cleared of any wrongdoing himself.

"If a leader of the St Kilda football club is someone who hides behind the club . . . who won't be a man and say . . . I'm prepared to make a statement to police . . . he's got to go home and face his family and he's got to face himself in the mirror,'' Mr Gladman said in 2010.

A spokeswoman for the club last night said: "This is a police matter. The St Kilda Football Club has no comment.''

A spokesman for the OPI last night also refused to comment.

[The Jeff]

There's really not much we can say about this one is there?

Obviously we need to await due course and then hopefully we can reflect on it as being the case that irrespective of the need to re-evaluate the body of evidence, and the subsequent interference that is implied, the original finding was indeed still correct. I say this from an integrity perspective because a miscarriage of justice (either way) would be very sad in this scenario, not because I'm barracking for a 'win' due to my football allegiance.

[saintspremiers]

Well that's why the OPI was set up.

If they reopen the case, so be it.

If Milne. Has fallen foul of the law, at least he's 32 now and we've got a bonus 8 years!

[SaintPav]

You would think this would have been sorted out in two years.!!

[Ralphy]

Anything to drag his name through mud,
Notice that her story sounds exactly like Duthies.

[perfectionist]

"Police will re-examine claims against Stephen Milne."

No they won't, but I can see how you could come to that conclusion reading the deceitful story from Keith Moor at the HUN.

This, in fact, is the basis of the story:

"The OPI has recommended that the brief of evidence related to Mr Milne and Mr Montagna be reviewed to ensure all relevant evidence has been properly recorded and retained."

The OPI investigation was into the police not the players.

The only way that police will reopen, or should reopen, the investigation is if new evidence comes to light. In fact, the reverse is being suggested in the story i.e. old evidence, that was not enough to convince the DPP that a conviction was likely, has disappeared, and the police are being asked to account for it.

The reporting of this story indicates exactly what is wrong with the media, apart from 70% of it being owned by a lying crook. Sensationalism and audience is everything and accuracy and balance is nothing. Get set for the moral outrage from our usual radio rednecks. Unfortunately, the current "leadership" of the police may be unable to resist what its media masters demand - more pulp - and to hang with the legal niceties.

[SaintPav]

Well that's why the OPI was set up.

If they reopen the case, so be it.

If Milne. Has fallen foul of the law, at least he's 32 now and we've got a bonus 8 years!

That's the dumbest thing you have wriiten for a while...

[Beno88]

Is it any coincidence that this story was first broken on Channel 9 and Triple M?

[samoht]

Milne has allegedly kicked 5,000 goals.

[stkildathunda]

Scott Watters on SEN this morning when asked.

"Obviously you will understand the sensitivities and what can and can’t be said this morning," Watters told SEN.

"I think that the thing to get very clear is that this is a police investigation into police procedure; it’s not an investigation into St Kilda Football Club or any players and that distinction really needs to be made this morning.

"Outside that, due to the sensitivities I really don’t have too much more I can add."

"I’m not prepared to talk about individuals. But that sort of front page, look, it's distressing to all parties that are concerned and really at this stage, due to the rawness of it, I probably won’t say too much more and I’d respect if you respect that."

[perfectionist]

As predicted, Neil Mitchell has gone in boots and all, continuing the deceit of the HUN report and defaming Stephen Milne repeatedly along the way. Just why anyone has any respect for this redneck creep is beyond me, but there you go.

The AFL website also covers the story and releases more of the police statement than either the HUN or Mitchell decided people should read or hear. And you can see why, since it makes clear that police are not re-investigating the claims. Both the HUN and Mitchell want people to believe that they are, partly because they think it should, especially for sales and ratings. Here is what the rest of the police statement said:

"The OPI has found no evidence to substantiate the allegations [of rape] and made no recommendation that Victoria Police should be revisiting the investigation.

"Victoria Police will not therefore be taking any further action at this time, though, as ever, if further information comes to light then we will of course consider it appropriately."

The OPI made it clear that its investigation was limited to the conduct of members of Victoria Police - "or others having influence over the conduct of the original rape investigation".

"It was beyond the scope of the OPI investigation to assess the weight of the evidence against the persons of interest," a police spokesperson said.

"However, the OPI has recommended that the brief of evidence related to Mr Milne and Mr Montagna be reviewed to ensure all relevant evidence has been properly recorded and retained, which we will do."

[joffaboy]

"Police will re-examine claims against Stephen Milne."

No they won't, but I can see how you could come to that conclusion reading the deceitful story from Keith Moor at the HUN.

This, in fact, is the basis of the story:

"The OPI has recommended that the brief of evidence related to Mr Milne and Mr Montagna be reviewed to ensure all relevant evidence has been properly recorded and retained."

The OPI investigation was into the police not the players.

The only way that police will reopen, or should reopen, the investigation is if new evidence comes to light. In fact, the reverse is being suggested in the story i.e. old evidence, that was not enough to convince the DPP that a conviction was likely, has disappeared, and the police are being asked to account for it.

The reporting of this story indicates exactly what is wrong with the media, apart from 70% of it being owned by a lying crook. Sensationalism and audience is everything and accuracy and balance is nothing. Get set for the moral outrage from our usual radio rednecks. Unfortunately, the current "leadership" of the police may be unable to resist what its media masters demand - more pulp - and to hang with the legal niceties.

Well put.

Lets not get into defending anybody who has committed a crime, but one would think it is inherent of the media to accurately report the actual story.

This is not about defending Stephen Milne, if he is charged, he will have the right to defend himself in court. But this is not about reopening the case, it is about an investigation into police procedure.

But what can one expect from an organisation whose boss is in the words of the phone hacking scandal "NOT FIT" to run a media organisation.

Yes the Feral Hun from Limited News needs to sell papers - football and sex, as we saw all through last season pre-season sells papers.

But as we have seen from their behaviour in Britian, Limited News will go to any length and trample on anybodies sensitivities to sell their rags.

Dont think about Milne and Montagna for a moment, what a bout the young woman involved in this. She has lived with this for 8 years, and once again it is thrust on to the front pages.

Have also said, journalists are scum and Limited news journalists have been seen they will plumb new depths to show their lack of profesionalism and integrity.

[Furphy]

A senior cop has just been interviewed on 3AW, he pretty much dismissed the whole thing as a media beat-up.

[markp]

Interestingly the story seems to have now vanished or been relegated from the front page of the Age.

Very first story in the hun....

[St.Roly]

The AFL website also covers the story and releases more of the police statement than either the HUN or Mitchell decided people should read or hear. And you can see why, since it makes clear that police are not re-investigating the claims. Both the HUN and Mitchell want people to believe that they are, partly because they think it should, especially for sales and ratings. Here is what the rest of the police statement said:

"The OPI has found no evidence to substantiate the allegations [of rape] and made no recommendation that Victoria Police should be revisiting the investigation.

"Victoria Police will not therefore be taking any further action at this time, though, as ever, if further information comes to light then we will of course consider it appropriately."

The OPI made it clear that its investigation was limited to the conduct of members of Victoria Police - "or others having influence over the conduct of the original rape investigation".

"It was beyond the scope of the OPI investigation to assess the weight of the evidence against the persons of interest," a police spokesperson said.

"However, the OPI has recommended that the brief of evidence related to Mr Milne and Mr Montagna be reviewed to ensure all relevant evidence has been properly recorded and retained, which we will do."

After scouring multiple media reports it quickly became astonishingly clear that the story is being misrepresented by mainstream media (including, unfortunately, the ABC website). A mix of sensationalism, bias and misunderstanding.

Well done Perfectionist for making the point clearly here. Now if only the wider community got an accurate account.

[philtee]

How does the Herald-Sun get hold of an OPI report (presumably an internal document), and the briefs of evidence
against M and M (presumably internal police documents), which it is now quoting freely from in today's edition ?
The OPI not only has to investigate VicPol, but now it has to investigate itself, and how its own documents are getting
out and about. Let's ask Keith Moor...who's your source?

[Selhurst Saint]

You can make Keith Moor aware of his disgusting muck raking irresponsible jouralism at ......

moork@heraldsun.com.au



Moor has been like a dog with a bone with this for years and at the same time defends Eddie Maguires involvement in a rape investigation in the nineties.

[joffaboy]

How does the Herald-Sun get hold of an OPI report (presumably an internal document), and the briefs of evidence
against M and M (presumably internal police documents), which it is now quoting freely from in today's edition ?
The OPI not only has to investigate VicPol, but now it has to investigate itself, and how its own documents are getting
out and about. Let's ask Keith Moor...who's your source?

He is a Limited News journo and has a mobile phone - could it be.....

Nah, Limited News journo's would never do anything like that would they? not now surely.

[Furphy]

So this is how the media congratulate Milney for kicking 500 goals? Like dragging up the John Greening story the week Jim O'Dea was due to be married.

[saintspremiers]

So this is how the media congratulate Milney for kicking 500 goals? Like dragging up the John Greening story the week Jim O'Dea was due to be married.

Maybe Malthouse contacted the HUN and OPI and got his way?

[Beno88]

Interesting that this story first resurfaced the week after Milne's 200th game, now it comes up again the week after he kicks his 500th goal.

Should we expect it again in 9 weeks time after his 250th?

[Furphy]

What happened about the allegations levelled against those Collingwood players a couple of years ago? The same club that was quick to make mileage out of Milney became very hyper-sensitive when the finger was pointed at them.

[Prodgers]

Herarld Sun.
Stories Start Here.

Nuff said.

[spert]

Conspiracy theory maybe on my part, but these allegations seem to have regularly occured since 2004 once the Saints start winning a few games earlier in a season. I've always been curious to know if those raising the allegations within the police and also in the media, have any ties to Collingwood or Geelong..just my theory mind you, sometimes a trend or pattern emerges. Best to leave it there.

[Harvey To Hayes]

At least The Age reported without making it senstaionalist:

"The Office of Police Integrity has called for evidence from a 2004 investigation into rape allegations against St Kilda player Stephen Milne to be reviewed - but police have today confirmed that charges are "very unlikely".

Read more: http://www.theage.com.au/afl/afl-news/o ... z1tlj0Dopd"

I feel so sorry for Milney. Irrespective of guilt or innocence - I personally believe him to be innocent and that the whole thing was an unfortunate misunderstanding - he deserves to have had this put to bed a long time ago, especially as a public figure. Hordes of idiots will read the HUN garbage, add 2 +2 and get 7, and we'll have years more of "he did it but the cops covered it up" from ignorant bogans...