Video settings

Please Log in to update your video settings

Video will begin in 5 seconds.

Video settings

Please Log in to update your video settings

Milne’s accuser repeatedly said ‘no’

Alleged victim of rape told a committal hearing at Melbourne Magistrates Court that former St Kilda forward Stephen Milne had sex with her despite her repeatedly saying “no”. Nine News

PT1M36S 620 349

The woman who has accused Stephen Milne of raping her was not told of an agreement struck between the former AFL player, his then St Kilda teammate and another woman to swap sexual partners, a court has heard.

On the opening day of a committal hearing, Melbourne Magistrates Court was told Mr Milne had sex with the woman despite her repeatedly saying “no”, and that she thought at the time she was with his then teammate, Leigh Montagna.

There was no way known she thought it was Leigh the whole time…(She) would have been jealous. 

The court heard Mr Milne orally, digitally and vaginally raped the woman in a bedroom in Mr Montagna’s Highett home in the early hours of March 15, 2004, after the footballers and the two women had met up following St Kilda’s family day.

St Kilda footballer Stephen Milne arrives at the Melbourne Magistrates' Court.

Former St Kilda footballer Stephen Milne arrives for an earlier court appearance. Photo: Michael Clayton-Jones

Mr Milne, 33, of Cheltenham, who is charged with four counts of rape, was in court as the prosecution outlined its case on Tuesday, with his wife, Melissa, seated next to him.

The mother of the alleged victim later told the court her daughter claimed her friend had told her that she, the friend, and the footballers had agreed to swap sexual partners, and that the friend had assumed the alleged victim also knew.

But the alleged victim did not know of the agreement and would have objected, her mother said.

The court heard as the women were leaving Mr Montagna’s house, the girlfriend of then St Kilda player Justin Koschitzke asked who they were, and someone said they were a couple of “dirty girls”.

Mr Koschitzke also lived at the house at the time and his girlfriend had just arrived when she asked who the other women were, the court heard.

Stephen Milne, right, and Saints teammate Leigh Montagna face questioning at the Victoria Police Centre in Flinders Street in March 2004.

Stephen Milne, right, and former Saints teammate Leigh Montagna appear at the Victoria Police Centre in March 2004. Photo: Jason South

Earlier, in an opening summary read to the court, prosecutor David Cordy said the alleged victim, who was 19 at the time, pushed Mr Milne away after he had vaginally penetrated her and she realised he was not wearing a condom.

Mr Cordy said the woman then repeatedly told Mr Milne “no” – more firmly each time – as he rubbed his penis on her vagina.

The court heard the woman, who was 19 at the time, thought she was with Mr Montagna at the time of the alleged offences, and felt sick and began crying once she realised she had been with Mr Milne.

The court heard the woman said “Leigh, remember last time”, and later “I don’t want to have sex”, after Mr Milne had asked her if she wanted him to be a “good guy”.

The court heard the four people were in the bedroom at the time of the alleged offences and that the alleged victim only realised she had been with Mr Milne when her friend opened the door of the bedroom, allowing more light in.

When the women left the house, Mr Cordy said, the alleged victim told Mr Montagna she thought she had been with him, and had never wanted to have sex with Mr Milne.

Mr Montagna apologised to the woman “for the misunderstanding” in a text message sent the next day, the court heard.

Mr Cordy said once the alleged victim ran from the bedroom, she repeatedly told her friend “I thought it was Leigh”. She also said “I kept saying no, but he kept putting it in”, the court heard.

Mr Milne was arrested on March 16 and later told police “there was no way known she thought it was Leigh the whole time” and that the woman “would have been jealous”.

The court heard Mr Montagna was also arrested and had told police he and Mr Milne had not made an arrangement to swap partners.

Mr Montaga and the alleged victim had had consensual sex before the alleged offending, the court heard, and Mr Milne and the other woman had also had consensual sex earlier.

Charges were never laid against Mr Montagna. Mr Milne was charged in June this year, after the Office of Police Integrity last year ordered a review of the case over allegations the detectives at the time were pressured by other officers to drop the investigation.

The mother of the alleged victim said her daughter had sounded “most odd” when they spoke on the telephone during the day of March 15.

The mother said when she called her daughter back, “she burst into tears, she said she had been with Leigh and when she opened her eyes it was Stephen Milne”.

The mother said she and her daughter had also been upset by the “dirty girls” comment made at Mr Montagna’s home.

Defence counsel Philip Dunn, QC, applied on Tuesday to magistrate Peter Reardon for permission to cross-examine the alleged victim over whether she had sex with anyone else besides Mr Milne and Mr Montagna in the 24 hours before the alleged offences.

Mr Dunn said evidence had emerged in the past week that indicated there was DNA that was unaccounted for, as Mr Montagna had worn a condom when he and the woman had sex.

Mr Dunn said the woman’s statement had changed through the police investigation. Mr Reardon granted Mr Dunn permission to put the questions to the woman. The court was closed as the woman gave evidence.

As the prosecution opening was read, Mr Milne sat hunched forward, while at times his wife had a hand on his back.

Earlier, a lawyer representing the friend of the alleged victim successfully applied to have her name suppressed, on the grounds her identification would cause embarrassment and distress and destroy her professional reputation.

Mr Milne retired from the AFL this year, after a 275-game career that began in 2001.

Mr Montagna and Mr Koschitzke attended court on Tuesday, but were not called as witnesses. they are expected to be called either on Wednesday or Thursday.

The hearing continues.