Nobody forced to have sex: Montagna

Stephen Milne leaves the Melbourne Magistrates' Court this afternoon. Photo: Hamish Blair\ Source: News Limited

SAINTS star Leigh Montagna has given evidence that no one was forced to do anything against their will on the night a woman says she was raped by ex-teammate Stephen Milne.

"It was all very friendly," he said of the night.

Montagna has been giving evidence in the rape case involving his Milne.

Former St Kilda player Justin Koschitzke also gave evidence earlier today at Melbourne Magistrates' Court.

The court has heard the woman who claims she was raped by Milne felt used on the night she had consensual sex with Montagna and was allegedly sexually assaulted by Milne.

A female friend of the complainant told Melbourne Magistrates' Court today that after the events at the home shared by Montagna and Koschitzke, the complainant sent Montagna a text message saying the night was a mistake and that she felt she'd been treated like "a footy slut".

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The friend said the alleged victim was "hysterical".

"She said she felt used," the female friend, who cannot be identified, told the committal hearing.

The friend told the court she heard the alleged victim say "no" several times.

Milne is charged with four counts of rape. Photo: Hamish Blair

The friend, who cannot be identified, today told Milne's committal hearing: "I knew there was a problem."

She has told the court how she and the alleged rape victim exchanged smiles with Milne and Montagna at a St Kilda Family Day and hooked up with the two footballers that night outside a St Kilda nightspot.

It was suggested they all return to Montagna's home and play pool but sexual encounters happened at the house after it was suggested there were no billiard balls, Melbourne Magistrates' Court was told.

Milne, 33, of Cheltenham, is charged with four counts of rape.

The offences are alleged to have occurred in the early hours of March 15, 2004, at the Highett home shared by Saints players Montagna and Justin Koschitzke.

The complainant, then a 19-year-old university student, and her female friend, both sober, had met an intoxicated Milne and Montagna after they were refused entry to the St Kilda nightspot following the club family day.

At the Highett home before the alleged offending, Montagna and the alleged victim had consensual sex and Milne and the female friend also had consensual sex, the hearing was told.

Today, the female friend told the court she briefly had consensual sex with Montagna after having had the consensual sex with Milne.

Saint Leigh Montagna followed by ex-teammate Justin Koschitzke outside court yesterday.

The court heard that, while sharing a bed with her friend and the two footballers in a darkened room, the complainant then began kissing Milne, mistakenly believing it was Montagna.

As things progressed the alleged victim believed she was having sex with Montagna, Melbourne Magistrates' Court has been told.

It is alleged she repeatedly told Milne, while believing he was Montagna, that she did not want to have sex.

Milne allegedly replied: "Do you want me to be a good guy about this?"

The court heard she replied: "Yes, I do not want to have sex."

The alleged victim only realised the sexual encounter had been with Milne when her friend opened the bedroom door, allowing light to creep into the room, the court heard.

The young woman felt sick and cried after the realisation, Prosecutor David Cordy told the first day of the committal hearing yesterday.

Montagna later sent the young woman a series of apologetic text messages, Mr Cordy said.

The court heard one said: "Sorry 'bout what happened tonight. I thought you knew it was him and not me", and another, "He (Milne) thought you knew it was him that was with you, not me. Sorry."

Montagna also allegedly texted that Milne "was real drunk and didn't mean it".

Milne told police there was no way the alleged victim believed he was Montagna, and that he thought she was jealous.

The complainant's mother yesterday told the hearing it was her understanding that when Koschitzke's girlfriend asked who the two girls were she was told "just a couple of dirty girls".

The complainant was cross examined in a closed court yesterday.

The hearing, before Magistrate Peter Reardon, continues.

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