Stephen Milne's lawyers to decide on rape trial abandonment

[SemperFidelis]

Pretty good summary of the plea in the updated version of the Age article.

http://www.theage.com.au/victoria/rape- ... 1hmf5.html

If the Judge is seriously entertaining whether or not to enter a conviction or not, that points very strongly to the way in which the amended indictment has ultimately been put by the prosecution. The crux of the charge as amended was this:

“The accused was reckless as to whether the complainant was consenting or not to the relevant act”.

Roo gave a written character reference, as did Nettlefold and Lyon.

November 18 for sentencing, and at present the outcome looks most likely to be a fine, but possibly even a fine with no conviction.

[skeptic]

I still don't have any idea as to what allegedly happened?

[st.byron]

different circumstances entirely......this case had previously been investigated and the police decided there wasn't enough evidence to
charge either player.......got political ten odd years down the track and the police caved in...now they are backtracking and willing to do a bit of plea bargaining.....their case is obviously piss weak but milne not willing to chance it....notihng like any of the cases against priess, boy scounts or ministers etc....

Fair enough. He has though, still pleaded guilty to indecent assault.

[saint-stu]

From what was reported it really sounded like two people made a mistake, but one was determined the other would pay for it.

I admit to being biased but I have the same feeling that this is what happened.

It's just so sad for Milney and his family. He can't get a job now. Rape is a very extreme word that he will always be tarnished with in the eyes of many, but what happened here isn't the same thing.

[saint-stu]

Double post

[saintcrazy]

Have seen the 7.30 report tonight. AFL won't give life membership and Milney can't get a job. Can't help but think about G Ablett''s major indescretion causing the death of a 20 year old girl. Hello hall of famer! and Dayne Beam's rape case, much closer to what should constitute a crime of sexual assualt or rape. Thanks to Lenny and Roo for puttiong their support out there for Milney.

[Gershwin]

I still don't have any idea as to what allegedly happened?

Allegedly - girl said 'no' (friend heard her say it, Montagna heard her say it). Milne went ahead anyway. Girl didn't resist because she thought it was Montagna. When she realised all hell broke loose.

[stinger]

I still don't have any idea as to what allegedly happened?

Allegedly - girl said 'no' (friend heard her say it, Montagna heard her say it). Milne went ahead anyway. Girl didn't resist because she thought it was Montagna. When she realised all hell broke loose.

and milne stopped.....said that's cool....you don't actually believe that milnes voice could be mistaken for joey's do you???.

...look it all comes down to mony.....a ten day trial would have cost milne tens of thousands of dollars.......

[stinger]

different circumstances entirely......this case had previously been investigated and the police decided there wasn't enough evidence to
charge either player.......got political ten odd years down the track and the police caved in...now they are backtracking and willing to do a bit of plea bargaining.....their case is obviously piss weak but milne not willing to chance it....notihng like any of the cases against priess, boy scounts or ministers etc....

Fair enough. He has though, still pleaded guilty to indecent assault.

probably didn't have a choice...see above post...

[Harvey To Hayes]

so youre saying they couldnt have provided support any other way?
im with K
couldve met him outside, at the pub etc
im pretty sure milne wouldnt have thought any less of his mates and understood the situation, being the ultimate club man he was.

2c

Well there are obviously many ways to show support.

I think you guys a overeacting and being a bit sanctimoniousness. I don't think it's such a big deal..sponsors won't leave us because of this..

Roo has a right to support his mates.

by all accounts club is trying to land a new big fish...

didn't mean current sponsors

big pic of Roo on age website

sanctimonious?

hardly

Standing by your mates in tough times and showing the loyalty that we supposedly pride ourselves on as a club far outweighs any potential pandering to ridiculous PC ideals for vaguely potential commercial considerations. Those guys being there today in no way shape or form condones criminal acts, they're there for Milney to show the support that they obviously feel. Roo and Lenny knew they would be inviting scrutiny and it would have been very easy to stay away, but they followed their heart and supported a friend - how dare that display be questioned. Fortius Quo Fidelius anyone?

[plugger66]

I still don't have any idea as to what allegedly happened?

Allegedly - girl said 'no' (friend heard her say it, Montagna heard her say it). Milne went ahead anyway. Girl didn't resist because she thought it was Montagna. When she realised all hell broke loose.

and milne stopped.....said that's cool....you don't actually believe that milnes voice could be mistaken for joey's do you???.

...look it all comes down to mony.....a ten day trial would have cost milne tens of thousands of dollars.......

The only people getting the money were those blood sucking lawyers.

[Waltzing St Kilda]

What a putrid front page on The Hun.

Could this rag get any lower?

[perfectionist]

What a putrid front page on The Hun.

Could this rag get any lower?

I'm sure they will try.

Friendship is tested not when things are going well but when your friend needs you in times of trouble. As others have said, it is not a sign of validation rather one of loyalty. Egregious quotes from people who clearly have no idea of what actually happened (like most of us) do a disservice to the people they purport to represent.

[Moods]

Reading the comments in the Herald Sun online I can't help but feel a little sorry for Milney. Many have concluded that because he cut a deal he must have been guilty of rape. The unwashed fail to understand that if the Prosecution case was rock solid, that they would NEVER entertain a deal. Not of this nature anyway. A deal is just that and there are many and varied reasons why ppl cut deals. It satisfies both sides needs, not just one.

From what I have heard, despite Milney maintaining his innocence, the tawdry nature of what went on would stain him as much as a -ive verdict. The whole thing was just untidy, and the media would have had a field day. You have to consider what Milney's kids have been through at school etc etc and these gory details exposed fully at trial with a woman who is not their mother would be reason enough in itself to cut a deal I reckon. Let's remember that Milney was still with his current partner (His kids' mother) I believe at the time all this happened, so the whole thing would be incredibly embarrassing for her as well. I believe that the victim would have been interested in the OPP cutting a deal herself. She is most likely older, wiser, and possibly settled in a professional career, maybe with a family herself or a new partner. Not sure she would want all her activities as a 19 yr old immature uni student exposed to the public. Inevitably we would all find out who she is and every single skeleton in her closet. Who wants that?

The amount of money to go to trial is ridiculous. Most of these barristers are charging $5k a day and upwards for a trial. This for a bloke who doesn't have meaningful employment and his future prospects of employment aren't great either.

The OPP wouldn't have considered a deal unless they believed that there was a chance that they could lose. The fact that the judge is looking at a fine and possibly no conviction says that whatever offending there was, it was fairly minimal in his eyes. The fact that the OPP is tacitly going along with this indicates this further in my view. It's like being found guilty of theft. There's embezzlement of 100's of thousands of dollars of your company's money and there's shoplifting of a Mars Bar. Both are still theft. Did Milney steal a Mars Bar or equivalent? Who knows, but he's now a registered sex offender which is humiliating enough as it is for a bloke who has a family, and by the sounds of things he's virtually unemployable. Fair to say, he's been punished I reckon.

[stinger]

Reading the comments in the Herald Sun online I can't help but feel a little sorry for Milney. Many have concluded that because he cut a deal he must have been guilty of rape. The unwashed fail to understand that if the Prosecution case was rock solid, that they would NEVER entertain a deal. Not of this nature anyway. A deal is just that and there are many and varied reasons why ppl cut deals. It satisfies both sides needs, not just one.

From what I have heard, despite Milney maintaining his innocence, the tawdry nature of what went on would stain him as much as a -ive verdict. The whole thing was just untidy, and the media would have had a field day. You have to consider what Milney's kids have been through at school etc etc and these gory details exposed fully at trial with a woman who is not their mother would be reason enough in itself to cut a deal I reckon. Let's remember that Milney was still with his current partner (His kids' mother) I believe at the time all this happened, so the whole thing would be incredibly embarrassing for her as well. I believe that the victim would have been interested in the OPP cutting a deal herself. She is most likely older, wiser, and possibly settled in a professional career, maybe with a family herself or a new partner. Not sure she would want all her activities as a 19 yr old immature uni student exposed to the public. Inevitably we would all find out who she is and every single skeleton in her closet. Who wants that?

The amount of money to go to trial is ridiculous. Most of these barristers are charging $5k a day and upwards for a trial. This for a bloke who doesn't have meaningful employment and his future prospects of employment aren't great either.

The OPP wouldn't have considered a deal unless they believed that there was a chance that they could lose. The fact that the judge is looking at a fine and possibly no conviction says that whatever offending there was, it was fairly minimal in his eyes. The fact that the OPP is tacitly going along with this indicates this further in my view. It's like being found guilty of theft. There's embezzlement of 100's of thousands of dollars of your company's money and there's shoplifting of a Mars Bar. Both are still theft. Did Milney steal a Mars Bar or equivalent? Who knows, but he's now a registered sex offender which is humiliating enough as it is for a bloke who has a family, and by the sounds of things he's virtually unemployable. Fair to say, he's been punished I reckon.

good post......

[Bunk_Moreland]

I still don't have any idea as to what allegedly happened?

Allegedly - girl said 'no' (friend heard her say it, Montagna heard her say it). Milne went ahead anyway. Girl didn't resist because she thought it was Montagna. When she realised all hell broke loose.

and milne stopped.....said that's cool....you don't actually believe that milnes voice could be mistaken for joey's do you???.

...look it all comes down to mony.....a ten day trial would have cost milne tens of thousands of dollars.......

The only people getting the money were those blood sucking lawyers.

Don't know about that, may be a civil case looming.

[stinger]

I still don't have any idea as to what allegedly happened?

Allegedly - girl said 'no' (friend heard her say it, Montagna heard her say it). Milne went ahead anyway. Girl didn't resist because she thought it was Montagna. When she realised all hell broke loose.

and milne stopped.....said that's cool....you don't actually believe that milnes voice could be mistaken for joey's do you???.

...look it all comes down to mony.....a ten day trial would have cost milne tens of thousands of dollars.......

The only people getting the money were those blood sucking lawyers.

Don't know about that, may be a civil case looming.

done and dusted.....many moons ago....

[stinger]

http://www.heraldsun.com.au/news/law-or ... 7115454385


"Milne had been due to face trial by a County Court jury later this month on three counts of rape.

But he pleaded guilty to the lesser charge after the Office of Public Prosecution withdrew the rape charges.

In a major development in the case, the court heard that Milne’s victim, who was then 19, now claims that she consented to oral sex with the footballer, but objected when Milne attempted to go further."

[Terrance80]

well said moods

[Terrance80]

just a shame most people who read the herald scum don't have the brains to read between the lines. If her case was rock solid, there wouldn't be a deal. Just a shame it's taken 10 years to get to this point.

[stinger]

just a shame most people who read the herald scum don't have the brains to read between the lines. If her case was rock solid, there wouldn't be a deal. Just a shame it's taken 10 years to get to this point.

bit harsh....and probably not really true....but i'm guessing the filth supporters amongst the readers want to believe the worst....

[Moods]

This is the line that really drew my attention

But she had performed consensual sexual acts with Milne both before and after the assault

So she continued to have sex with Milne after she was allegedly attacked? I can see why they were agreeable to a deal. Try convincing a jury that you were raped but that you continued straight after to CONSENUALLY engage in sex with your attacker?? It appears she was aware that it was Milne she was with after she claimed she was attacked and engaged in sex acts with him anyway - consensually. No wonder the cops didn't want to proceed in the first instance. Are the police a disgrace, or the persons who bowed to political pressure.

[Bunk_Moreland]

http://www.heraldsun.com.au/news/law-or ... 7115454385


"Milne had been due to face trial by a County Court jury later this month on three counts of rape.

But he pleaded guilty to the lesser charge after the Office of Public Prosecution withdrew the rape charges.

In a major development in the case, the court heard that Milne’s victim, who was then 19, now claims that she consented to oral sex with the footballer, but objected when Milne attempted to go further."

Well that puts a different complexion on things.

I have always been neutral on this issue. Anyone who is guilty of rape deserves everything they get.

However how murky is consent when there is one sexual act consented to and then apparently another not.

What a tawdry episode, and my sympathy for Milne has increased with this piece of information.

[8856brother]

This is the line that really drew my attention

But she had performed consensual sexual acts with Milne both before and after the assault

So she continued to have sex with Milne after she was allegedly attacked? I can see why they were agreeable to a deal. Try convincing a jury that you were raped but that you continued straight after to CONSENUALLY engage in sex with your attacker?? It appears she was aware that it was Milne she was with after she claimed she was attacked and engaged in sex acts with him anyway - consensually. No wonder the cops didn't want to proceed in the first instance. Are the police a disgrace, or the persons who bowed to political pressure.

I agree Moods. I just don't understand how this can happen AFTER. Surely it must be typo.

[stinger]

This is the line that really drew my attention

But she had performed consensual sexual acts with Milne both before and after the assault

So she continued to have sex with Milne after she was allegedly attacked? I can see why they were agreeable to a deal. Try convincing a jury that you were raped but that you continued straight after to CONSENUALLY engage in sex with your attacker?? It appears she was aware that it was Milne she was with after she claimed she was attacked and engaged in sex acts with him anyway - consensually. No wonder the cops didn't want to proceed in the first instance. Are the police a disgrace, or the persons who bowed to political pressure.

I agree Moods. I just don't understand how this can happen AFTER. Surely it must be typo.

reminds me of that line about the three great lies......