What’s good for football isn’t always good for justice.....

Richard McEncroe July 2013 AFL Milne rape case

 

The AFL has done some terrific things for the Australian social fabric.  Kicked some serious goals you might say.  It is hard, for example, to think of any other national, non-government body that has done more for improving Indigenous opportunity than the AFL.  Over the last two decades particularly, the AFL has shown a genuine preparedness to confront racism and raise cultural awareness.  The AFL has also succeeded where other Codes (read Rugby League) have failed to all but eliminate the once famed on-field thuggery.  There are many more women involved in all levels of the game, including senior administrators and umpires, than ever before. The grassroots work the AFL does through its Auskick program and Kickstart program (direct funding by the AFL to Indigenous Communities in NT, WA, and FNQ) provides real benefits in terms of community building and engagement.  But, sadly, by allowing a player facing four counts of rape to keep playing they have put one right out on the full.

 

The AFL (and St Kilda), as Milne’s employer, have managed to make something quite straightforward seem very complicated.  In any other workplace in the country (save perhaps for the Federal Parliament – hello Messrs Thompson and Slipper!) when an employee is charged with a serious criminal offence, you know something that will put you in jail for a long time like four counts of rape, that person does not come to work (with or without pay). The AFL Players Association has forever maintained that the footy field is the AFL player’s place of work.  Milne should not be at work.  That’s the first thing that is wrong here.  I’m not suggesting for a second that the AFL’s Football Operations Manager Mark Evans would be, but to illustrate the point, I wonder whether he would be at work today if he faced rape charges?  Not likely.

 

In attempting to explain why Milne should be allowed to run around and be lauded and hugged by other men and congratulated and back slapped on national television, the AFL cites “innocent until proven guilty”.  Right.  So the fact that police and prosecutors have evaluated the evidence, including that of the victim (oh yeah, remember her?) and made the decision that there is sufficient evidence in their view to sustain four charges of rape, is immaterial apparently.  To follow this logic through, an AFL player could do an Oscar Pestorious and still be right to play – he’s not been found guilty yet.   What if a player was facing charges of child pornography based on evidence found on their computer - so long as they were not remanded in custody they would be right to play?  Really?

 

Compounding the horrible impact the decision to let Milne play, would inevitably have on his victim, there is the ridiculous commentary of ex-footballers about the case.  Unbelievably, Luke Darcy on the Channel 7 broadcast of last Saturday night’s game shared that Milne had spoken to his teammates and they were all comfortable with what happened and with him playing.  I just about choked on my cheeseballs! What the hell does he think he is doing?  I just cannot begin to imagine how the poor victim and her family would cope with those comments, even the thought of him telling 30 other blokes about how he didn’t really rape her is just horrible. Then we have the other commentators feeling for Milne being booed.  “I mean, you know, it is unfair cos, you know, it’s not good for football and yeah nah, he’s been through a lot, you know, nothing’s been proven in court and yeah nah don’t like it”.

The AFL has done a great deal that is good for the community and good for football but what is going on right now sure isn’t good for justice.