Police drop charges against four Swans players over Pullman Hotel incident; civil claims continue

Two women reportedly were inappropriately touched and slapped at the Pullman Hotel, and are now pursuing civil claims against the players.
"This is not a day for anyone to celebrate."
Swans CEO Matthew Pavlich responded after police closed the criminal investigation.
Mark

Police have dropped the charges. Does that mean the matter is over?

Mimi

Not for the women. Two of them are going ahead with civil claims for personal injury, and the four players have reportedly been sent legal letters about it.

Luke

Worth noting that the letters come from The Age's reporting. The police statement only mentions an ongoing civil matter, without detail.

Mark

Why would a civil case go ahead when police found insufficient evidence?

Mimi

Their lawyer, John Karantzis, says the standards differ. Criminal cases need proof beyond reasonable doubt; civil claims are decided on the balance of probabilities.

Luke

That explains why the paths can diverge, but it doesn't tell us the civil claim will succeed. Nothing in the reporting says what the evidence is.

Mark

What did police actually say about why?

Mimi

Insufficient evidence, after a thorough investigation and on legal advice. They offered no more, citing the civil matter.

Luke

And the allegations are described as reported: inappropriate touching and slapping. None of that has been tested in court.

Mark

The AFL still sanctioned the players, though.

Mimi

Yes. Five were stood down for the rest of the season and made ineligible for All Australian. The AFL says that's separate from the police outcome, and it can investigate again if new information appears.

Luke

Pavlich's line that it's not a day to celebrate is the only hint of the club's tone. Beyond that, we don't know what comes next for the players' careers.

  • Police closed the criminal investigation into the Pullman Hotel incident, leaving four Sydney Swans players free of criminal charges.
  • Two women are pressing ahead with personal injury claims, arguing their case on the lower balance of probabilities standard.
  • The AFL and Swans have stood five players down for the rest of the season, including finals, and ruled them out of All Australian selection.
  • The league holds the right to reopen its own inquiry if new information emerges, so the matter is not yet fully settled.

On a Friday morning in mid-November, Victoria Police closed a criminal inquiry into a night in August at a hotel on Wellington Parade in East Melbourne, where reports of sexual assault had come in from the early hours of 17 August. After what the force called a thorough review, and on legal advice, no charges would be laid against the four Sydney Swans players involved, because the evidence was not sufficient to prosecute. The matter does not end there, because the criminal standard is only one door through which a grievance can pass, and two women are now pursuing their claims in the civil courts, where the question becomes what is more probable than not.

On Friday morning, Victoria Police announced they had closed their criminal investigation into an incident at a hotel on Wellington Parade in East Melbourne. Sexual Crimes Squad detectives had received reports of sexual assault there in the early hours of 17 August. After a thorough investigation, and on legal advice, police said there was insufficient evidence to proceed with charges.

The four players at the centre of the matter, Isaac Heeney, Chad Warner, James Jordon and Nick Blakey, will not face criminal charges. A fifth Swans player, Riley Bice, had earlier been cleared of charges initially laid against him. Police said they could say no more because of an ongoing civil matter.

That civil matter is where the story continues. Two of the women are pressing ahead with personal injury claims. Their lawyer, John Karantzis, said criminal prosecution requires proof beyond reasonable doubt, while his clients' claims are judged on the balance of probabilities. The four players have received legal letters advising them of the planned action.

The AFL said it had endorsed the Swans' decision to stand down the five players for the rest of the season, including finals, and to exclude them from All Australian consideration. It stressed that the police outcome is separate from that action and reserved the right to investigate further if new information surfaces.

Heeney said the past three months had been incredibly difficult for his family and partner, and thanked those who stood by him. Swans CEO Matthew Pavlich said the club would deal with future developments as they arise, adding that it was not a day for anyone to celebrate.

On Friday morning, Victoria Police put out a statement closing the criminal investigation into an incident at a hotel on Wellington Parade, East Melbourne. It said Sexual Crimes Squad detectives had received reports of sexual assault there in the early hours of 17 August. After what it called a thorough investigation, and on legal advice, the force said it would not proceed with criminal charges because of insufficient evidence.

The four AFL players at the centre of the matter are Sydney Swans stars Isaac Heeney, Chad Warner and James Jordon, and Nick Blakey, who is now with the Kangaroos. None will face criminal charges. Police said they could make no further comment because of an ongoing civil matter. Code Sports reported that the charges were dropped because the investigation did not have enough evidence to secure a prosecution.

The civil matter is where the story continues. The Age reports that two of the women are pressing ahead with civil claims. Their lawyer, John Karantzis of Carbone Lawyers, said criminal prosecution carries a very high burden, proof beyond reasonable doubt. His clients' claims, he said, are for personal injury and are judged on the balance of probabilities, a different standard. He said the women will vigorously fight and proceed. The Age also reports that the four players have been sent legal letters advising them of the women's intention to take legal action.

The complaints to Victoria Police were that women were reportedly inappropriately touched and slapped by men at the Pullman Hotel on 17 August. A fifth Swans player, Riley Bice, had earlier been cleared of criminal charges initially laid against him.

All five players were stood down for the remainder of the Swans' season after the claims emerged. In its own statement on Friday, the AFL said it had been advised the police investigation had concluded with no charges laid against any AFL player. It stressed that this outcome is separate from the action taken in August. The league said it had endorsed the Swans standing down the five players for the rest of the season, including all finals matches, over behaviour that fell well short of the standards expected of those involved in the game. It also deemed the five unavailable for selection for the All Australian award.

The AFL added that respect and accountability are fundamental to maintaining trust in the game, and that it recognises the importance of continuing to strengthen culture, education and player accountability. It reserved the right to investigate if further relevant information comes to light.

Heeney gave News Corp a statement welcoming the police announcement. He said the past three months had been incredibly difficult for his family, his partner Steffie and those close to him, and that watching his family carry the weight of it was heartbreaking. He thanked those who stood by him, and the Swans' teammates, coaches, board, sponsors, members and fans for keeping faith in him. He said he is focused on repaying that faith by being the best person and player he can be.

Swans CEO Matthew Pavlich spoke later in the day. He said the day was about the police investigation having been finalised, and that the club would deal with any future developments as they arise. He added that it was not a day for anyone to celebrate.

The criminal question is closed, but the civil claims are not. The two women's personal injury cases, and the AFL's stated right to reopen its own inquiries if new information emerges, are what to watch next.

Criminal prosecution has a very high standard of burden of proof; my clients' claims are on a different standard, the balance of probabilities.
— John Karantzis, Carbone Lawyers
This is not a day for anyone to celebrate.
— Matthew Pavlich, Swans CEO
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