Documents explain decision to drop Bulldogs case
AM - Monday, 3 May , 2004 08:07:06
Reporter: Alison Caldwell
TONY EASTLEY: In what may be the final chapter to the Bulldogs rape allegations, AM has obtained documents which explain the legal decision not to proceed with sexual assault charges against Bulldogs players or officials.
Police last week decided that due to insufficient evidence, they would not be laying charges, after 10 weeks of investigations and a review by the Director of Public Prosecutions.
The reaction from the club was one of relief, but questions still remained about precisely what happened, after the detective in charge of the case said there was evidence of rape.
Alison Caldwell reports.
ALISON CALDWELL: The documents paint a picture of an immature and disturbed young woman, a group of young men who were prepared to exploit her, and a code of conduct which is worthless.
The young woman claimed she'd been raped by up to six Bulldogs players at the pool at the Pacific Bay Resort early Sunday morning on the 22nd of February.
But it was decided that, based on the available evidence, it wouldn't have been possible to prove beyond reasonable doubt that a sexual assault took place. According to the documents, even the opportunity for gang rape to have occurred that morning, didn't exist.
The medical evidence and photographs of the young woman's body were inconsistent with the treatment she claimed to have received from a group of players that day.
According to the documents, three days earlier on the Wednesday night, the young woman had consensual group sex with five Bulldogs players in a room at the Pacific Bay Resort.
She was out of town on the Thursday and Friday, but by Saturday she'd returned to Coffs Harbour.
That night she had consensual sex with a player in a room at the Plantation Hotel. At one point she was rejected by another player, and complained to the hotel about harassment, but her complaint was dismissed by a bouncer who witnessed the exchange.
According to the documents, she caught a taxi with another player back to the Pacific Bay Resort, the two ended up at the pool where they had consensual sex. Several people witnessed the events.
He left, but she stayed behind in the pool. According to several witnesses, when the player returned, he offered to call her a taxi but she declined.
She then went back up to the hotel, to the room of the player who rejected her advances earlier. He and his roommate saw her coming and barred the door.
She left the hotel and some time later was found in the car park in a hysterical state.
Since then she's received counselling.
The police may also have an obligation to consider a public mischief charge against her, if they receive a complaint.
As for the players concerned, the Bulldogs Club is considering disciplinary action, for taking her back to the hotel, but it's unlikely any contracts will be terminated as a result.
The documents suggest that while they didn't break the law, the Bulldogs acted beyond the pale, having taken advantage of a disturbed and immature young woman.
TONY EASTLEY: Alison Caldwell reporting.
