Stephen Milne. Picture: Norm Oorloff Source: Herald Sun
POLICE today charged St Kilda star Stephen Milne with four counts of rape following an alleged attack on a woman in 2004.
The charges follow a review of the case ordered by Victoria Police deputy commissioner Graham Ashton.
That review was prompted by an Office of Police Integrity recommendation last year that the brief of evidence be reviewed to ensure all relevant evidence had been properly recorded and retained.
The alleged victim, then a student, 19, claimed to police she was raped in a darkened bedroom of Milne's teammate Leigh Montagna's Highett home after celebrations for St Kilda's family day in 2004.
Milne and Montagna have consistently protested their innocence.
The OPI probe into the case began in 2010 after the detectives who prepared the brief went public with their disappointment that their superior officers, acting on the DPP advice, decided not to charge Milne over the rape allegation.
Stephen Milne kicks at goal during the second quarter of the St Kilda vs West Coast at Etihad Stadium. Picture: Michael Klein Source: Herald Sun
They claimed other police tried to derail the Milne investigation and tried to influence them not to prosecute him.
But the latest OPI report has found the original rape probe by police was not deliberately hampered or inappropriately influenced.
The OPI pointed out in its report that its investigation was limited to the conduct of police and it was "beyond the scope of the OPI investigation to assess the weight of the evidence against the footballers''.
OPI investigators discovered relevant material was missing from the Milne brief of evidence and recommended that
Victoria Police review the brief before archiving it to ensure all relevant evidence and exhibits were accounted for.
Victoria Police today confirmed it has charged a 33 year-old man from Cheltenham with four counts of rape following an alleged incident in 2004.
The Herald Sun has confirmed that man is Milne.
"The decision to charge follows an extensive review of the initial investigation by specialist detectives within our Sexual Crimes Squad,'' A Victoria Police spokesman said.
"That review was prompted by an OPI recommendation last year that the brief of evidence be reviewed to ensure all relevant evidence had been properly recorded and retained.
"As we have previously made clear, it is a matter of regret that this review found the initial investigation to have been substantially inadequate.
"As a result, further inquiries have been conducted by the Sexual Crimes Squad and after consulting with the Office of Public Prosecutions, the decision has been made to lay charges.
"In recent years Victoria Police have implemented substantial reforms and improvements to our sex crimes investigative processes which has enabled a number of older investigations to be reviewed, offenders identified and charges laid.
"It is unfortunate for all parties concerned that this matter has taken so many years to progress, but having discussed with the alleged victim in this matter, we can confirm that our decision to lay charges accords with her wishes.
"It is now important that the defendant in this matter be afforded the same procedural fairness any other member of the community would expect in these circumstances.
"Victoria Police will be providing no further comment at this time and until the matter has run its course through the normal legal process''
keith.moor@news.com.au
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