Milne could win court challenge

Stephen Milne jogs alongside Nick Dal Santo (left) as the Saints trained last night at Seaford. Source: Getty Images

LEADING sports lawyer Paul Horvath said a Supreme Court challenge to Stephen Milne's playing ban could succeed.

But he warned any court challenge would be entering "unchartered territory".

Buddy bigger than Hawks

Milne has been ordered by St Kilda to take "indefinite leave" from playing after he was charged with four counts of rape.

St Kilda players yesterday lobbied for the Saints to let Milne play again this season, but even if the club relented, the AFL could step in.

"If he's cleared of the charges, how does he get that back? He never gets those games back if he's cleared," Horvath said.

Milne gets players support

"That's where a real issue arises for me in terms of him serving arguably any suspension prior to a court hearing.

"In my opinion, the balance of fairness falls on his side as far as whether or not he should be able to play prior to his case being tried before a judge and jury."

Horvath said there was no precedent to judge the prospects of a successful challenge to the playing ban.

"I can't think of the last current player who has faced such serious charges," he said. "In my opinion the balance favours him continuing to play until his case is heard.

"I'm also saying if someone said to me do you think it's a case worth running for him to be able to play, I would say yes.

"But I'd say from what I know, and I don't know all the facts, it's finely balanced in his favour.

"Do I think he'd win a Supreme Court challenge on that?

"I would say probably. In my opinion I think the law works just in his favour to allow him to play.

"But I guess at the same time as a lawyer - I'm being conservative - if a client says, is it worth me spending the money, I'd say well there's close to a 50 per cent chance that you won't win, but there's also probably a 51 per cent chance that you will win."

AFL rules allow a player to take an issue to a special grievance tribunal.

If a player is still unsatisfied, he would have the option of launching legal action.

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