Smash hit

12. The Sun Newspaper, in identifying four players who were said to be involved suggested, by implication, that they were the object of the police inquiries. One, David Strettle, was not in the list of people the police wished to interview – these were, in fact, Danny Care, Topsy Ojo, Mike Brown and one other player whom I do not intend to name. His name was apparently picked up by the police simply because he was in a room near to where relevant events occurred and they wanted to establish whether he saw or heard anything. He went to bed alone early and was asleep through the night. He saw and heard nothing and there is no evidence from any source to gainsay that account – indeed the material I have received from the complainant and other witnesses is such that I am certain he was not involved at all. It would, therefore, be inappropriate to single him out in this inquiry.

13. On 4 July Jack Hodder, a partner of Chapman Tripp solicitors in Auckland wrote an open letter to me which was handed to the media before I had received it. It purported to be acting on instructions from a young woman who alleged she was the victim of a sexual violation by four squad members of the England team in the early hours of Sunday 15 June 2008. A person called Glenda Hughes, who purported to be the victim’s spokesperson, was reported in the press as telling TV3, a New Zealand television station, that the injuries suffered by the young woman were definitely indicative of non-consensual sex. Both confirmed that the complainant did not wish to pursue a formal complaint with the police. I have had further communication with Jack Hodder, and there is no doubt that he (and Glenda Hughes) have been acting on instructions from the complainant.

14. On 5 July I contacted Chapman Tripp by e mail setting out my preliminary findings based on the evidence I had seen and heard and asking them to establish whether their client wished to provide evidence before my inquiry, and subject herself to cross examination (controlled by me) from the players’ legal representatives. I asked him to respond by 8am UK time on Monday 7 July. It was also reported to me that Glenda Hughes made some comments to the NZ media that the complainant would speak to me provided her lawyer was present, but she did not contact me. I spoke by telephone with Mr Hodder on Monday 7 July and he indicated that the complainant did not wish to deal with me direct but she may be prepared to let me have a copy of a statement written shortly after the alleged events.

15. On 9 July I received a further letter from Chapman Tripp which enclosed a declaration from the complainant that she wishes to assist my inquiry by making available the police “Job Sheet” (a contemporaneous or near contemporaneous summary of their interview with her in the evening of 15 June), and a copy of that Job Sheet with personal details redacted. Prior to completing the declaration the complainant read the players’ version of events as recorded in my e mail to Chapman Tripp and she reconfirmed her version as outlined in the Job Sheet.

16. During the course of my inquiry I have interviewed all four players in person on two occasions. The first to ask them to recount the events of 14/15 June and the second to put the matters raised by Mr Hodder and Ms Hughes in their public statements. Following receipt of the 9 July letter the complainant’s version of events was put to the players again. I have also read proofs of evidence provided by a number of members of the tour party and some independent witnesses.

Code of Conduct

17. Players who attended this tour were not given a specific code of conduct. However, all players who were members of the EPS squad announced in January 2008 were given a copy of the EPS Code of Conduct. That states that:

“The player is aware that he is representing England at all times and that the highest standards are expected in appearance, conduct and behaviour.”

18. The Code of Conduct sets out a number of obligations for the players including that they are to set a positive example to others, particularly young players and supporters, at all times in all aspects of being a professional rugby player such as physical appearance and demeanour.

19. Ojo, Care and Brown were not members of the EPS squad announced in January and they did not receive a copy of the Code of Conduct. They said that they did, however, understand that as England players they should not do anything which may bring the Game or Union into disrepute.

The Evidence

20. After the test match had finished the team ate together in the Hilton hotel in Auckland. After the meal some of the players left the hotel and went to the Pasha bar in the town where there were free drinks. There was official transport to shuttle the players from the hotel to the bar and back again and a number of security guards were in attendance. Mike Brown and Topsy Ojo both said they were sitting at a table in the bar and they started to talk to the complainant. She had earlier been talking to Tony Ward, a member of the team management. They spoke and drank together, with other players in the vicinity joining in, and then decided to go to another bar (Degree) where there was also a free tab for England players. The complainant went with them. After about 15 minutes in this bar they went to a third bar (Pony Club) where they had to pay for their own drinks and where they met some of the All Black team. At some stage Ojo said that the complainant and he kissed each other, and at some stage the complainant gave Brown her mobile telephone number. The complainant then said she wished to go to a fourth club and asked Brown and Ojo to go with her but they declined and she left.