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source: http://www.heraldsun.news.com.au/common/story_page/0,5478,16858810%255E661,00.html
Saints sex sue threat
EXCLUSIVE by CHRIS TINKLER
09oct05
ST KILDA footballers Stephen Milne and Leigh Montagna face a civil action for damages over allegations of sexual assault made last year.
The woman, who accused the pair of sexual assault after meeting them during celebrations that followed St Kilda's win in the pre-season cup in March last year, is preparing to sue.
The woman is said to be still distraught that no charges were laid against Milne, 25, and Montagna, 21, following a two-month investigation by police last year.
Both players have strongly and consistently denied the allegations against them.
Dr Vivian Waller, head of the sexual assault unit at law firm Maurice Blackburn Cashman, is understood to be representing the woman, who is in her 20s.
Dr Waller has refused to comment, but sources close to the firm said yesterday lawyers were preparing to lodge a writ with the County Court.
Sources said letters demanding an out-of-court settlement had been sent to the players a few months ago, but no agreement had been reached.
If the case were to be settled informally, it could still be kept out of the public eye.
But if damages were to be awarded, it is expected they would run into hundreds of thousands of dollars.
Milne is estimated to earn $250,000 a year, while Montagna is thought to make between $100,000 and $150,000.
They were accused of sexual assault after meeting two women the day after the Saints' pre-season premiership victory over Geelong in March last year.
It was alleged the women went with the players to Montagna's bayside home after the Saints had been celebrating the win.
According to police interviews, Milne and Montagna each took a girl into separate rooms in the two-storey house where they had consensual sex.
Then Montagna is alleged to have walked into Milne's room where it was suggested they swap partners.
One of the women alleged she was sexually assaulted when the four were in the same bed with the lights off.
A complaint was made to police the following morning and Milne and Montagna were interviewed twice for several hours.
Police also seized clothes, bedding and a mobile phone from Montagna's home.
Milne's lawyer at the time, George Defteros, said the pair had "done absolutely nothing wrong" and it was announced in May last year there was insufficient evidence to support a prosecution.
Mr Defteros claimed at the time that, on the evidence available, the case would have been unlikely to progress beyond committal, let alone convince a jury at trial.
Legal experts said yesterday requirements were different in the matter of civil actions. In criminal cases, an alleged offence must be proved beyond reasonable doubt, but in civil actions the complainant only had to prove on the balance of probability that the offence occurred. Montagna and Milne could not be reached for comment yesterday.
Its getting fuller under the carpet!
Saints sex sue threat
EXCLUSIVE by CHRIS TINKLER
09oct05
ST KILDA footballers Stephen Milne and Leigh Montagna face a civil action for damages over allegations of sexual assault made last year.
The woman, who accused the pair of sexual assault after meeting them during celebrations that followed St Kilda's win in the pre-season cup in March last year, is preparing to sue.
The woman is said to be still distraught that no charges were laid against Milne, 25, and Montagna, 21, following a two-month investigation by police last year.
Both players have strongly and consistently denied the allegations against them.
Dr Vivian Waller, head of the sexual assault unit at law firm Maurice Blackburn Cashman, is understood to be representing the woman, who is in her 20s.
Dr Waller has refused to comment, but sources close to the firm said yesterday lawyers were preparing to lodge a writ with the County Court.
Sources said letters demanding an out-of-court settlement had been sent to the players a few months ago, but no agreement had been reached.
If the case were to be settled informally, it could still be kept out of the public eye.
But if damages were to be awarded, it is expected they would run into hundreds of thousands of dollars.
Milne is estimated to earn $250,000 a year, while Montagna is thought to make between $100,000 and $150,000.
They were accused of sexual assault after meeting two women the day after the Saints' pre-season premiership victory over Geelong in March last year.
It was alleged the women went with the players to Montagna's bayside home after the Saints had been celebrating the win.
According to police interviews, Milne and Montagna each took a girl into separate rooms in the two-storey house where they had consensual sex.
Then Montagna is alleged to have walked into Milne's room where it was suggested they swap partners.
One of the women alleged she was sexually assaulted when the four were in the same bed with the lights off.
A complaint was made to police the following morning and Milne and Montagna were interviewed twice for several hours.
Police also seized clothes, bedding and a mobile phone from Montagna's home.
Milne's lawyer at the time, George Defteros, said the pair had "done absolutely nothing wrong" and it was announced in May last year there was insufficient evidence to support a prosecution.
Mr Defteros claimed at the time that, on the evidence available, the case would have been unlikely to progress beyond committal, let alone convince a jury at trial.
Legal experts said yesterday requirements were different in the matter of civil actions. In criminal cases, an alleged offence must be proved beyond reasonable doubt, but in civil actions the complainant only had to prove on the balance of probability that the offence occurred. Montagna and Milne could not be reached for comment yesterday.
Its getting fuller under the carpet!
