EVERYONE knows Stephen Milne has been charged with rape.  And if you've been reading any articles about the case, you'll know it's scheduled to come before the Melbourne Magistrates' Court on July 5 this year.

But what will happen on that day, and what is the process after that?

The first thing you should know about the process is that it will be a long one.

Everyone will want this matter dealt with as quickly as possible.  For Milne, that will be particularly so given that he's been stood down indefinitely by the St Kilda Football Club.  It's not clear at this stage whether that's until the end of the whole proceeding.  

If the plan is for Milne to remain stood down until the end of the proceeding, then the slow wheels of justice might mean it is the end of his career.

You see, the Magistrates' Court might only be the start of the process. The Magistrates' Court will conduct a committal hearing.  That means a magistrate will review the case, possibly hear evidence and decide whether the evidence against Milne is strong enough to warrant it being put before a jury.

If it is deemed a strong enough case, Milne will be committed to stand trial and the matter moved to the County Court.

But before Milne could find himself in the County Court, there are likely to be a number of false starts in the Magistrates' Court.  

On July 5, there will be a discussion about the timetabling for the matter. Each party -  prosecution and defence - will be likely be told of deadlines with which they have to comply for things like providing the court and other party with witness statements.

Given the delay in this matter, I expect that the timetable will be fairly quick. But by quick, I mean the committal hearing could happen by the end of the year.  

Any trial won't be until next year.

Milne is highly unlikely to give evidence at the committal hearing. The alleged victim probably will, although it is possible for evidence to be provided by way of written witness statements. But most of the evidence the prosecution will lead in the case will be lead at the committal hearing.

  

So the prosecution will show its hand at the committal hearing while Milne's defence team will hold its cards close.

If the magistrate decides the matter shouldn't go to a jury, that will be the end of it.  Milne will be free to play football.  That could mean another contract for next year.

But if Milne is committed to stand trial in the County Court, the process effectively starts again with a timetable set all leading towards a trial before a jury.  

I would be surprised if that could happen in the first half of next year - but it is possible.  

So the process will be a long one.  And as important as Milne's career will be to him, it should be more important to him that the process is fair, as I'm sure it will be.  But it will be long and seem like an eternity.