Saints in the clear over rape allegations, by Steve Butcher & Sasha Shtargot
- 7th May 2004
(Credit: Fairfax)

St Kilda footballers Stephen Milne and Leigh Montagna are expected to not face charges after legal advice that there was insufficient evidence to prove rape allegations against them.

The legal advice, from Victoria's Director of Public Prosecutions, is believed to have been conveyed verbally to police yesterday.

It is believed it was found that there was "no reasonable likelihood of successful prosecutions' of Milne and Montagna. The formal written advice is expected to be lodged with police within days.

Once police are formally notified, lawyers for the two men and the woman who accused the pair of sexual assault will be informed.

"We have not officially been informed, nor has the victim been advised of the outcome," a police spokesman said.

The Age has been told that detectives heading the investigation presented their evidence on Wednesday in a meeting with the Director of Public Prosecutions, Paul Coghlan, QC.

Milne told The Age last night through his lawyer that he was relieved to learn of the legal advice.

His solicitor, George Defteros, said said his client was "very pleased to hear that charges are not going to be preferred".

Mr Defteros said Milne had co-operated fully with police, denied any wrongdoing and answered each question in two long taped record of interviews.

"It's clear that reason has prevailed and the correct decision has been made," Mr Defteros said. Milne felt he had been vindicated and was looking forward to playing Fremantle in Perth tomorrow, he said.

Milne, 24, and Montagna, 20, were accused of sexual assault by two women they met the day after St Kilda's pre-season premiership win on March 13.

It is believed the women accompanied the players back to Montagna's bayside house, where it was reported they engaged in consensual sex.

It had been alleged that one of the women was later sexually assaulted when the players attempted to swap partners.

Milne and Montagna both emphatically denied the allegations.

They were last interviewed by police for two hours on April 27.

St Kilda is enjoying its best start to a season since 1966, the year it won its only premiership.

After winning the pre-season competition, the club is on top of the ladder, undefeated after six rounds. Milne has played all six games, kicking nine goals, while Montagna has played just the one.

The allegations were part of a series against footballers this year.

The decision not to proceed with charges against the St Kilda players comes a week after the NSW Director of Public Prosecutions said there was insufficient evidence to launch a prosecution of gang rape against six rugby league players.

A 20-year-old woman said that at least six players raped her in a Coffs Harbour resort swimming pool. The Canterbury Bulldogs denied the allegations.

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