The players caught up in sex allegations in New Zealand could return to England and spend the rest of their lives under threat of being charged, a leading legal source today told the Guardian. "For indictable offences such as this, there remains the scope for police to charge someone if evidence suddenly emerges 10, 20, 30 years in the future," said the source. "The case will never fully close."
Because of the serious nature of the accusation, there is no time restriction on the case, meaning the investigation will only be suspended if the alleged victim drops their claim or police find enough evidence to prove it was false in the first place, he added.
Another legal expert, Scott Optican, an associate professor at Auckland University's Faculty of Law, confirmed that unless police came up with enough evidence to lay charges, the players would be free to leave the country as scheduled tomorrow following the second Test against the All Blacks. If a player were charged, he could be detained or he could be given bail and agree to return for trial. He said if the players did leave and the police were to continue to gather evidence, there was a possibility that they could ask English police to arrest any suspect and that he could then either come back voluntarily or be extradited.
"New Zealand's legal system is exactly the same as England's in that a person is free to go about his or her business – and that includes leaving the country – up until they are arrested. The only power police have to detain a person is to arrest them and they can only do that if there are reasonable grounds to suspect a crime has been committed. The police therefore have the burden to prove they have enough of a case," Optican said.
"At the moment the players are not talking so any evidence is not going to come from them. Therefore it is down to the alleged complainant to provide enough evidence for police to charge somebody and/or for a third party or parties to provide that evidence. If a person is arrested they can be lawfully detained and barred from leaving the country or they could be granted bail on the condition that they return for trial." He emphasised that police had no power to detain the players for questioning and could only ask for voluntary cooperation.
The players themselves were said to be "angry and frustrated" and desperate to prove their innocence, according to Rugby Football Union officials. The union is also concerned that players' families are suffering unnecessarily while Auckland police still await a formal complaint by a woman who was allegedly raped or sexually assaulted in the squad's hotel last Sunday.
Francis Baron, the RFU's chief executive, admitted today that he and the team were unhappy at the prospect of flying home with the case ongoing and suggested the current state of limbo was "unfair" on the four individuals concerned. "We have to give these young lads every opportunity to clear their names," insisted Baron. "It is in everybody's interests to do it as quickly as possible. I know the boys are very upset and frustrated. They don't know what the charges are, and they don't know how they can get to a situation where their names can be cleared. In the absence of a complaint there appears to be no immediate end to this process." The players are being represented by the heavyweight law firm Russell McVeagh which describes itself as "New Zealand's premier law firm".
On Wednesday night the players, via their legal representatives, had declined to answer questions relating to the alleged incident. Police said they would continue their inquiries and their spokeswoman Noreen Hegarty added: "While no formal statement has been made by the woman who made the allegations, a formal complaint can be made at any time in the future and police are then obliged to assess the evidential basis of that complaint."
Baron said some players' families were being placed under intolerable pressure and reiterated the RFU's support for the players. "We are hearing reports of mothers being approached. That's why it's so important to bring closure to this incident. It is affecting other people and there is uncertainty out there as to who is or is not involved. If a complaint is not made in the next 2-3 days I'm sure our legal team will be pressing police to close the file because it is a very unusual situation. No complaint has been made and the damage to the individuals is very substantial. That is unfair under any jurisdiction. There are some lurid allegations floating around [but] the boys have totally denied them. In our view those boys are innocent. Until proven otherwise they're innocent and they will continue to have our full support."
What is not in dispute is the heavy pounding being administered to the image of English rugby. The former England forward Bob Taylor, now president of the RFU, believes the global game will also be adversely affected if the investigation is prolonged much further. "The game could be damaged, not just in England but worldwide, by the allegations we're seeing our players suffer," said Taylor. "Until a charge is laid we're in never-never land."
Unconfirmed reports say the players had been part of a drinking session at the Pony club bar in Auckland on Sunday night where they were were accompanied by several women. The players returned to their hotel where one 18-year-old is said to have had sex with two players, witnessed in part by two other players. After the woman returned home a subsequent allegation of a sexual nature was made.
There were further lurid claims in the Sun today, which said that a group of players took six women back to the Hilton Hotel in Auckland after the team's defeat by the All Blacks. A model named as Sophie Lewis said she had sex with one of the players being investigated on the night of the alleged assault.
The 22-year-old said: "I think it was my Alice in Wonderland costume that caught his eye. He even called me Alice when we first met. He wasn't flash or arrogant. He's very handsome and was a smoothie, a real charmer. He was fantastic in bed - awesome and he had amazing staying power. He kept going like the Duracell bunny in the TV ads."
More stringent squad rules are to be introduced to ensure that similar situations do not arise in future. From July 1, when the new elite player squad agreement kicks in, players will now be required to sign a much stricter code of conduct which may include a ban on female guests in the team hotel. "Over the years players representing England teams have been outstanding ambassadors for the game and for our country," said Baron. "We've never had an incident like this and we never want to have one again.
"These things are damaging. We're also very conscious of any embarrassment we're causing our New Zealand hosts. Clearly we have to get across to these young men that they are targets. They have to be so careful and so conscious of what they do and how they do it. We have to make sure, working with the Premiership clubs, that we educate our young men in the realities of the new world of celebrity. I know Martin Johnson is already thinking about what measures we can put in place to protect our boys from this type of thing in future."
The players have been advised by their legal team not to attend voluntary police interviews in the absence of a formal complaint. Privately, the RFU is worried that the players may have been the victims of a set-up. "I wouldn't be human if I didn't say all those thoughts had gone through my mind," admitted Baron. "But these are allegations which the police have to investigate. I have every confidence in them coming to the right conclusion."
As for the rugby, England's preparations for the second Test against the All Blacks suffered a further late blow amid concerns over the fitness of their replacement winger David Strettle. The caretaker manager Rob Andrew said Strettle had a slight calf strain but declined to say who would step up should a bench reshuffle be required.
