In a city where sport, nightlife and private conduct so often collide, Victoria Police have concluded that four Sydney Swans players will not face criminal charges over an alleged sexual assault at a Melbourne hotel following a game in August. The decision, based on legal advice, rests on a judgment that the evidence was insufficient, not on a finding that nothing happened. Three women who say they were inappropriately touched now turn toward civil courts, where the question is posed differently and the standard of proof is lower. The club, which suspended the players for the rest of the seaso
Four Sydney Swans players will not face criminal charges over Melbourne hotel incident, police say
Three women allege inappropriate touching during the incident at the Pullman Hotel and are pursuing civil action, with their lawyers saying they are distressed and devastated by the decision.
Not a day for anyone to really celebrate
Mark
Police say no charges. Does that mean nothing happened?
Mimi
No, and the women's lawyer said so directly. Jackson Pannam said the decision isn't a finding that the incident didn't occur.
Luke
Right, and it's worth being precise. Police said there was insufficient evidence for charges. That's a statement about prosecution, not a ruling on what took place.
Mark
Why are the women going to civil court, then?
Mimi
The burden of proof is different. John Karantzis said a civil claim rests on the balance of probabilities, a lower bar than in a criminal case.
Luke
Though we should note he's a lawyer for two of the women, so that's their side's framing. Nothing in the reporting says how a civil case would go.
Mark
What did the players admit to?
Mimi
They denied wrongdoing but apologised for breaching club standards by inviting women back to the hotel and drinking.
Luke
And the allegations of inappropriate touching come from Australian media reports about the women, who are described as understood to be adult entertainers. That's attributed, not something police have confirmed publicly.
Mark
What about the club?
Mimi
The Swans say the suspensions were separate from police and stand. They're reviewing their AFL program, and the AFL could reopen its own inquiry.
Luke
What we don't know is what evidence police weighed or what the club's review will cover. Police have said they can't comment further.
El Pulso
- Police have closed the criminal case against four Sydney Swans players, but the matter is far from settled.
- Three women's lawyers have vowed to pursue civil action on a lower burden of proof, keeping the allegations alive.
- The Swans are carrying out a sweeping review of their AFL program while the players remain suspended for the season.
- The AFL has reserved the right to reopen its investigation should new information surface, so the story could still turn.
In a city where sport, nightlife and private conduct so often collide, Victoria Police have concluded that four Sydney Swans players will not face criminal charges over an alleged sexual assault at a Melbourne hotel following a game in August. The decision, based on legal advice, rests on a judgment that the evidence was insufficient, not on a finding that nothing happened. Three women who say they were inappropriately touched now turn toward civil courts, where the question is posed differently and the standard of proof is lower. The club, which suspended the players for the rest of the season, has said its own decision stands on separate ground, leaving a complicated moral account still being written.
On a Friday, Victoria Police announced that four Sydney Swans players would not face criminal charges over an alleged sexual assault at a Melbourne hotel. Police said a thorough investigation, guided by legal advice, found insufficient evidence to proceed. The men named in reporting were Isaac Heeney, James Jordon, Chad Warner and Nick Blakey, who now plays for North Melbourne. The incident followed a game in August, when the players invited women back to the Pullman Hotel and drank. They had denied wrongdoing, though they apologised for breaching club standards.
The women involved, understood to be adult entertainers, allege inappropriate touching. Their lawyers responded with distress. Jackson Pannam, acting for one woman, said his client was devastated and stressed that the decision does not mean the incident did not occur. John Karantzis, representing the other two, said his clients were very disappointed and would vigorously pursue a civil claim, which requires proof on the balance of probabilities rather than beyond reasonable doubt.
Heeney welcomed the decision and spoke of the hard months his family had endured. The Swans maintained that their suspension was separate from the police process and said they were undertaking a comprehensive examination of their AFL program. Chief executive Matthew Pavlich said it was not a day for celebration. The AFL, for its part, reserved the right to investigate further should new information emerge. The civil claims now stand as the next place where the matter may be tested.
On Friday, Victoria Police announced that four Sydney Swans players who had been under investigation over an alleged sexual assault at a Melbourne hotel will not face criminal charges. In a statement, police said that after a thorough investigation and on the basis of legal advice, there was insufficient evidence to proceed.
The four men are Isaac Heeney, James Jordon, Chad Warner and Nick Blakey, who now plays for North Melbourne. All were suspended for the remainder of the season over the incident, which took place in August after a game in Melbourne. A fifth player, Riley Bice, was also suspended by the club but had already been cleared by police earlier.
The players had previously denied wrongdoing. They did apologise, however, for breaching club standards by inviting women back to the Pullman Hotel after the game and drinking.
Australian media reported that three women, understood to be adult entertainers, allege inappropriate touching during the incident and are looking into civil action. Police said they could not comment further on Friday because of the ongoing civil matter.
The lawyers for the women responded quickly. Jackson Pannam of Slater and Gordon, who acts for one of them, said his client was devastated. He stressed that the decision does not amount to a finding that the incident did not occur, nor does it lessen the seriousness of what she says happened or its profound impact on her.
John Karantzis of Carbone Lawyers, who represents the other two women, told the ABC that his clients were very disappointed and distressed. They would vigorously pursue a civil action, he said, noting that a civil claim rests on a different burden of proof: the balance of probabilities.
Heeney welcomed the police decision. He said the past three months had been incredibly difficult for his family, his fiancee Steffie and those close to him, and thanked family and friends for their love and loyalty.
The Swans said it had been clear from the outset that its decision to suspend the players was separate from the police investigation, and that it stands by that decision. The club has begun a comprehensive examination of its AFL program and says it is committed to acting on the findings and making meaningful change. Chief executive Matthew Pavlich told reporters it was not a day for anyone to celebrate, that the club is still looking hard at the program to understand where it needs to improve, and that it would do everything to restore the standards the club has held for a long time.
Separately, the AFL acknowledged the police decision and said it reserves the right to investigate if any further relevant information comes to light. The civil claims are the next place the matter may be tested.
Citas Notables
The decision does not amount to a finding that the incident our client reported did not occur.— Jackson Pannam, Slater and Gordon
My clients' civil claim is based on the balance of probabilities.— John Karantzis, Carbone Lawyers
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