Victoria police have decided not to charge four Sydney Swans players who were under investigation over an alleged sexual assault at a Melbourne hotel earlier this year, leaving one of the women at the centre of the allegations “devastated” by the outcome.
Sydney vice-captain Isaac Heeney as well as James Jordon, Chad Warner and Nick Blakey – the latter now a North Melbourne player – are understood to have assisted police with their investigation but will have no further case to answer.
“Following a thorough investigation and based on legal advice, Victoria Police will not proceed with criminal charges due to insufficient evidence,” a police statement read. “Due to the ongoing civil matter, Victoria Police is unable to make further comment.”
The quartet, along with teammate Riley Bice, were suspended by the Swans in August for breaching the club’s standards, including drinking and bringing women back to their hotel the night after an AFL game in Melbourne.
The police investigation into an alleged sexual assault at the Pullman Hotel in Melbourne was conducted separately, with Bice and two other people believed to be in the hotel room at the time of the alleged incident understood to be treated as witnesses in the case.
Police have previously said that three women made a report after the alleged incident in the early hours of 17 August. Police confirmed in September that detectives from the Sexual Crimes Squad travelled to New South Wales to speak with four Sydney men.
The players have reportedly denied any wrongdoing.
Each of the three women who joined the five Swans players in a Melbourne hotel room in August has engaged lawyers to explore legal action against the men, while police confirmed on Friday that a civil matter is still ongoing.
Slater and Gordon senior lawyer Jackson Pannam, whose firm is representing one of the women who reported being allegedly sexually assaulted, said the police decision not to lay criminal charges does not mean an incident did not occur.
“Our client is devastated by this outcome,” Pannam said. “She reported the incident immediately, provided a formal statement and cooperated fully with the investigation. She has shown enormous courage in coming forward.
“The absence of criminal charges does not prevent a civil claim from proceeding. This outcome also sits within broader patterns of underreporting and attrition in sexual offence matters.”
Carbone Lawyers, which has said previously it is representing two of the women, has been contacted for comment.
Swans CEO, Matthew Pavlich, said he hoped the decision would enable the players to “move forward” while acknowledging there was still a great deal of work to be done within the club.
“This is not a day for anyone to really celebrate,” Pavlich said. “We’re still looking very hard at the program and understanding where we need to get better for the future and examining that in really thorough detail.”
The AFL on Friday acknowledged no charges had been laid but backed the club’s sanctions placed on the five players and its own decision to make them unavailable for inclusion in the All-Australian team.
“This outcome is separate from action already taken to address the conduct of players who were sanctioned by the Sydney Swans in August,” the AFL said in a statement.
“The AFL endorsed the Sydney Swans standing down five players for the remainder of the season, including all finals matches, in response to behaviour that fell well short of the standards expected of those involved in Australian football.
“Respect and accountability are standards which are fundamental to maintaining trust in the game, and everyone connected with it has a responsibility to uphold its values.
“The AFL recognises the importance of continuing to strengthen the game’s culture, education, and player accountability. The AFL reserves the right to investigate if any further relevant information comes to light.”
Heeney welcomed the police announcement in a statement.
“The past three months have been incredibly difficult for my family, Steffie and those close to me,” Heeney said.
“Watching my family carry the weight of this has been heartbreaking. To my family and friends, your love and loyalty has meant more than words can do justice.
“To those that have never doubted me and stood by my side in solidarity – thank you. I know it has not been easy in the face of such intense public scrutiny. I will never forget your support.
“To the entire Sydney Swans Club – my teammates, coaches, the board, our sponsors, and our loyal members and fans – thank you for keeping faith in me.”
The scandal – and experienced forward Tom Papley’s alleged positive roadside drug test last week – prompted the Swans to engage external advisers to undertake an independent review of the culture of the club.
