Police drop Pullman Hotel sexual assault investigation against four Sydney Swans players; civil claims proceed

On Friday morning, Victoria Police announced that no criminal charges will be laid over allegations of sexual assault at the Pullman Hotel in East Melbourne. The decision clears Sydney Swans players Isaac Heeney, Chad Warner and James Jordon, along with Nick Blakey, who has since moved to North Melbourne.

The allegations came from three women, all exotic dancers, who said they were sexually assaulted at the hotel in the early hours of August 17. That was after the Swans' round 23 match against Essendon at the MCG. Detectives from the Sexual Crimes Squad received reports of the incident, which police placed at a hotel on Wellington Parade.

In a statement, Victoria Police said that after a thorough investigation and on legal advice, it would not proceed with criminal charges because of insufficient evidence. Because a civil matter is ongoing, police said they could not comment further. The players had all denied criminal wrongdoing.

Heeney issued a statement shortly afterwards welcoming the announcement. He said the past three months had been incredibly difficult for his family, his fiancee Steffie and those close to him, and that watching his family carry the weight of it had been heartbreaking. He thanked friends, family, teammates, coaches, the board, sponsors and Swans members for keeping faith in him, and said he is focused on repaying that faith as a person and a player. Blakey, approached by reporters, said he would not say much that day but that people would hear from him soon.

The women's side was starkly different. Their civil claims are separate from the criminal investigation, and their lawyers say they will continue. According to the Sydney Morning Herald and The Age, the lawyers have previously sent legal letters and a draft statement of claim to five men and the Sydney Swans, which could lead to action in the Supreme Court of Victoria. Jackson Pannam, lawyer for one of the women, said his client is devastated. He said she reported the incident immediately, gave a formal statement, cooperated fully and showed enormous courage in coming forward, and that the absence of charges does not prevent a civil claim.

Both Pannam and John Karantzis of Carbone Lawyers, who acts for the other two women, pointed to the differing standards of proof. Criminal prosecution requires proof beyond reasonable doubt; a civil claim for personal injury is decided on the balance of probabilities. Karantzis said his clients will vigorously fight and proceed with their claims.

Swans chief executive Matthew Pavlich held a brief conference and said the outcome gives the club and players a chance to move forward, but that it was not a day for anyone to celebrate. He said the club is examining the state of its football program in detail, that there is a lot of work to do, and that it will do everything it can to restore the standards and behaviours the club has long held. He did not say when the cleared players will return to training or how they will be reintegrated, though he confirmed the club had been in contact with them that morning.

The club had stood down the four players and teammate Riley Bice for the rest of the season for breaching team standards, specifically drinking, staying out late and inviting the women back to the hotel. Bice was later cleared by police and treated as a witness, as was retired Swan Taylor Adams, who was reportedly in the room. Blakey was traded to North Melbourne last month after his relationship with the Swans broke down; the other players remain at the club. Heeney won a third consecutive Bob Skilton Medal as club champion on October 1 but accepted it by video rather than attending.

The next developments to watch are whether the civil claim against the five men and the club reaches the Supreme Court of Victoria, the outcome of the Swans' program review, and how the cleared players return to the team.