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eirebhoy
20/09/2005, 6:25 PM
A law student told a court today how she was raped by an Arsenal footballer after a night out at a West End club.

Her voice faltering, the 22-year-old claimed she had “absolutely no energy to resist in any way” when goalkeeper, Graham Stack, currently on loan to Reading, allegedly attacked her in his flat.

The woman was ill and trying to sleep when she was set upon by the player and sexually assaulted by his friend, Allan Smillie, in the early hours of September 1 last year, the jury heard.

“I saw Graham Stack in the doorway of the room completely naked” Croydon Crown Court was told.

“He was smiling…I was really confused.

“He got on top of me. I think I remember his trying to kiss around my neck and face area.

“He started to have sex with me. He raped me.”

From behind screens she told the packed courtroom: “It was really, really sudden. There was absolutely no warning whatsoever. It was completely out of the blue. I was aware of what was happening, I just felt completely unable to do anything.

“I was almost passed out but saying ’get off me, get off’ and ’I just want to sleep’. They just totally ignored me.”

She claimed Stack only stopped attacking her when her friend called out his name.

Stack, of Ladygate Lane, Ruislip, west London, who today wore a dark suit, white shirt and dark tie, denied one count of rape and one count of sexual assault at an earlier hearing.

Smillie, an operations manager from Boundaries Road, Feltham, west London, who today wore a black suit and shirt and black and silver striped tie, pleaded not guilty earlier to two counts of sexual assault.

The alleged victim met the 23-year-old men just hours before at Trap nightclub on Wardour Street, Central London, through a school friend and shared a kiss with Smillie, the court was told.

She drank half a glass of wine, two single and one double vodka and cranberries, and at the end of the evening felt unwell.

She was sick in the club toilets and also on the way to Stack’s home in Beckenham, south London.

She told the jury: “I was completely out of it, I felt really, really sick … I felt as if I was really, really drunk and I couldn’t understand why.”

She said she usually drinks a lot more than that at university and added: “I have never ever been that sick from alcohol, ever.”

When the woman arrived at the flat she claimed Smillie suggested she take her jeans off because she had sick on them. She agreed, and got into bed.

She said she felt ill and wanted to sleep but he got in bed with her and sexually assaulted her, the court heard.

Stack, who was on loan to Millwall at the time, then raped her before sexually assaulting her, it was alleged.

The woman, who is from north London and was 21 at the time of the alleged incident, moved from the spare bedroom to the main bedroom where Smillie sexually assaulted her again, it was claimed.

She said: “He was trying to undo my bra … I was saying to him ’get off, I want to go home’.

“He said: ’I can’t help it.’

“I was really scared at this point, I didn’t know where I was, what happened was sinking in.”

She then phoned her mother and took a taxi home.

The next day the woman told her school friend, who had been with her at Stack’s flat that night, what had happened but she did not believe her, the nine-woman, three-man jury was told.

She said: “She said: ’I’ve got Graham at my house. He categorically denies having sex with you or doing anything to you…this could ruin his career.”

Later that day Stack turned up at the woman’s house, it was said, and she reported the alleged incident to the police.

During his opening, prosecutor Robin Johnson said urine tests showed the alleged victim was one and a half times over the legal drink-drive limit but samples had not been properly preserved and were not that reliable.

He added: “There are such things as date rape drugs. Let me make it clear that samples were taken from her, all the tests proved to be negative.

“There’s no evidence that she was drugged on that occasion. There’s plenty of evidence that she was feeling extremely unwell at the end of the evening.

“The Crown’s case is that she was not consenting, she made that clear, and even if there was any doubt, by her sheer physical state and what they had seen in the club, and in the car, they would have appreciated that.”

During cross-examination, Edward Henry, on behalf of Smillie, claimed the alleged victim “exaggerated the effect of drink”.

“You weren’t incapacitated,” he said.

“I could barely verbalise,” she said.

The barrister added: “You know in your heart that no crime has been committed against you don’t you?”

She replied: “No.”

The hearing was adjourned until tomorrow.
Lets hope justice is done. If he is guilty he should get what he deserves. If not, she should. I'd say Stack did do something wrong but I doubt its as serious as the charges.

Irish_Praha
20/09/2005, 7:27 PM
From the title I was thinking he had a trial with another football club :o I'd forgotten about this case. Before all this happend he looked like was the most genuine successor to Given but I think he's made a bad choice going on loan to Reading. He surely could have found a decent enough Championship club where he would be first choice but maybe he was thinking he wouldn't be able to focus on a starting position with this trial looming.
Looks like fat Paddy will be our number 2 'keeper for a while to come.
I echoe your sentiments about the trial Eirebhoy and hope justice is served and whoever is to blame gets what's coming to them.

eirebhoy
21/09/2005, 5:25 PM
A law student who claims she was raped by an Arsenal footballer and sexually assaulted by his friend was “up for it” not “out of it” after meeting them in a West End club, a court heard today.

The 22-year-old engaged in “friendly fondling” with operations manager Allan Smillie at goalkeeper Graham Stack’s flat on September 1 last year, it was suggested at Croydon Crown Court.

She earlier claimed she had “absolutely no energy to resist in any way” when Smillie allegedly touched her and Stack, who is currently on loan to Reading, allegedly attacked her in his home in Beckenham, south London.

Smillie’s defence counsel Edward Henry told the hearing today: “I’m not trying to be vulgar but you weren’t out of it you were up for it.”

“No, absolutely not,” the alleged victim replied.

He said the woman and Smillie shared a kiss and touched each other sexually when they were in bed together.

The barrister continued: “According to you it seems you were completely at the mercy of Allan Smillie at that point.”

“Yes,” she said.

Mr Henry: “But he doesn’t strip you naked does he?”

“No.”

Mr Henry: “He doesn’t remove your briefs which were sheer and transparent, he doesn’t pinion you or use physical force does he?”

“No.”

Mr Henry: “He doesn’t force himself on you, what you indulged in was foreplay … willing consensual foreplay.”

The alleged victim replied: “No.”

Stack, of Ladygate Lane, Ruislip, west London, denied one count of rape and one count of sexual assault at an earlier hearing.

Smillie, of Boundaries Road, Feltham, West London, pleaded not guilty earlier to two counts of sexual assault.

The court earlier heard that the alleged victim met the 23-year-old men just hours before at Trap nightclub on Wardour Street, central London, through a school friend and shared a French kiss with Smillie.

She claimed she drank half a glass of wine, two single and one double vodka and cranberry juice, and at the end of the evening felt unwell.

She was sick in the club toilets and also on the way to Stack’s home.

The woman, who is from north London and was 21 at the time of the alleged offence, claimed she was trying to sleep when Smillie sexually assaulted her and Stack raped her.

“I was almost passed out, but saying ’get off me, get off’, and ’I just want to sleep’. They just totally ignored me,” she said.

Mr Henry told the south London hearing today: “Graham came in and you and Allan stopped. You did a U-turn, a 180 degree turn in your interest. You turned away from Allan and you turned your interest to Graham.”

Fighting back sobs, she told the packed courtroom: “No… Allan left when Graham jumped on top of me, completely out of the blue.”

“Allan left when you started to kiss Graham,” Mr Henry said.

“No, I did not kiss Graham,” the woman added.

“It wasn’t foreplay because I wasn’t consenting to any of it.”
http://www.breakingnews.ie/story.asp?j=193459304&p=y9346xy76&n=193460182&x=

tetsujin1979
30/09/2005, 2:05 PM
Stack was cleared this afternoon:
from http://news.bbc.co.uk/1/hi/england/london/4297828.stm

Footballer Stack cleared of rape

An Arsenal goalkeeper has been cleared of raping a law student he met at a West End nightclub.

Graham Stack, 24, currently on loan to Reading, was accused of attacking the 22-year-old at his flat in Beckenham, south-east London, in September 2004.

A jury at Croydon Crown Court on Friday cleared the player of one count of rape and another of sexual assault.

His friend, Allan Smillie, 24, of Feltham, west London, was cleared of two counts of sexual assault.

The woman, from north London, went back to Mr Stack's flat after meeting the player and his friend at Trap nightclub in Wardour Street.

She claimed he had forced himself on her after she lay down in one of the bedrooms because she had been sick.

But Mr Stack, who was on loan to Millwall at the time, maintained she had consented to sex with him.

The footballer did not comment on the verdict as he left the court with his fiancée Natalie Rybinska.

But his legal representative said: "He's delighted that his innocence, which he has maintained from the very moment the allegation came out, has been established and that justice has been done."

paul_oshea
30/09/2005, 2:15 PM
but i thought he said he didnt have sex with her??????? when he first met police?? i think something fishy is going on....

tetsujin1979
30/09/2005, 2:27 PM
Confirmed on Reading's homepage and he's making the loan a permanent move. Could be a good move for him if they continue their present form

From http://www.readingfc.premiumtv.co.uk/page/News/NewsDetail/0,,10306~721342,00.html -
Graham Stack will return to training with Reading Football Club after today being cleared of all charges in a court case.

The goalkeeper is currently on loan at Madejski Stadium from Arsenal, and will complete a permanent move to Reading in January under terms already agreed between the clubs.

Stack's legal representative said, "He's delighted that his innocence, which he has maintained from the very moment the allegation came out, has been established and that justice has been done."

Reading Football Club will not be making any further comment at this stage.