KEY POINTS:
The night in Auckland began badly. Flayed by the All Blacks, the England rugby team buried their disappointment over dinner before some players headed off on a frenzied bar crawl.
Hours later it ended after an 18-year-old woman shared a bed with two England players and then stated,
through lawyers, that she had been "sexually violated" by members of the team, the so-called Auckland four.
Nearly a month on from the fateful downtown night-after, an English judge has issued what may be the last word on a tawdry episode with some familiar ingredients _ male sports stars, booze and young women.
The England Rugby Football Union's chief disciplinary officer, Judge Jeff Blackett, who conducted the inquiry, concluded there was "insufficient evidence of any illegal activity" between the alleged victim and the four players.
He fined two players, insisted that England's rugby stars must never again behave in such a way on overseas tours, ticked off the New Zealand law firm which represented the young woman and criticised the lack of evidence she provided.
Judge Blackett is a man of the world. "It has been said that this sort of activity has occurred on rugby tours from time immemorial," he noted, "and that it may be hypocritical to take disciplinary action today. However, players must constantly remind themselves that they now have high public profiles."
The RFU's investigation found two players _ London Irish winger Topsy Ojo and Harlequins full-back Mike Brown, both 22 _ guilty of misconduct. Ojo was fined 500 ($1300) and reprimanded for staying out all night; Brown was fined 1000 for the same offence and for arriving late for a physiotherapist appointment the next morning.
Three other players, Dave Strettle, Danny Care and an unnamed fifth team member were cleared of any wrongdoing. Strettle was not among the quartet wanted for interview by New Zealand police.
The report details how after a team meal at Auckland's Hilton Hotel, Ojo and Brown met the unidentified woman while out drinking in the city's Pasha bar. Free alcohol had been laid on for the players, who were accompanied by security guards.
The large group went on to another bar with a free tab, Degree, and after 15 minutes proceeded to the Pony Club, where they had to foot their own bill. Ojo and the 18-year-old kissed and she gave Brown her phone number before leaving. An hour later, after an exchange of texts, the two men decided to follow her to the Spy bar, with another player in tow. This time it was Brown _ by his own admission now "a bit tipsy" _ who danced with, and kissed, the woman. "They remained at that club and then left," reports Judge Blackett.
"By now it was about 7am. She told [Brown] her car was parked near the team hotel and so went with them." When they arrived at 7.30am, Brown says he asked her if she wanted to come to his room and she accepted.
Ojo went to his own room for a quick kip before an 8.15am physiotherapy assessment. Afterwards, he went to tell Brown he had missed his own appointment. Brown, Judge Blackett writes, "was woken by a loud bang on the door ... He quickly dressed and went downstairs". Ojo, meanwhile, took the opportunity to become better acquainted with the young woman.
"Very soon after," said the report, "the unlocked door interconnected with the next room opened". In bounded Strettle and Care to tell the absent Brown he was going to be late for a "rehabilitating" swimming session. But instead they found another colleague in Brown's bed.
"When they went into the room they observed Ojo and the complainant. They stood at the door for a few seconds and then closed it and left. They both said there was no element of voyeurism and were actually quite embarrassed to have disturbed them."
Ojo apparently picked up his swimming trunks and accompanied the woman in the lift to the corridor. Other players describe her as not at all distressed, but a little embarrassed.
Judge Blackett says he found the players "honest and truthful" in their accounts of the night _ and stunned by the allegations of sexual assault.
The woman spoke to New Zealand police but never made a formal complaint and declined to co-operate with the RFU investigation.
Judge Blackett concluded that the players, all of whom strenuously denied the allegations, had been subjected to "trial by media".
Of the alleged victim, whose solicitors claimed she had been "sexually violated" by four players and suffered injuries which caused medics to refer the matter to the police, he said he was unable to "conclude that what she says occurred actually happened".
- AGENCIES
