3AW's Neil Mitchell to give up tape of alleged Stephen Milne rape victim BROADCASTER Neil Mitchell has agreed to surrender a tape of an interview with former St Kilda footballer Stephen Milne's alleged rape victim, abandoning plans for a legal challenge. Milne, who is facing four rape charges over the 2004 incident, has subpoenaed 3AW's recording of the interview, along with any notes and documents about it. The interview was recorded in May 2004 but has never been broadcast, with Mitchell telling listeners that he had promised the woman it would not be played unless she approved or unless she spoke to another media outlet. Earlier this month Mitchell vowed to fight the subpoena, sending lawyers to the Melbourne Magistrates Court to argue the tape was covered by legal professional privilege. But this morning he said he had spoken at length with the alleged victim and she had agreed he should provide it. "We will therefore withdraw our legal fight," he said. On her request the tape will be provided. She decided it was better to hand it over. Mitchell said the interview was significant as it was the only record of what the woman said soon after the alleged incident, apart from her statement to police. It is alleged Milne repeatedly raped the woman, who was aged 19 at the time, at teammate Leigh Montagna's home following celebrations for the club's family day. The woman told police she thought she was having consensual sex with Montagna in the darkened bedroom, but realised it was someone else, allegedly Milne, when the door opened and shed more light. The case was abandoned in 2004 when the Director of Public Prosecutions decided the brief of evidence would not support a conviction, but was reopened last year following an Office of Police Integrity report which recommended a review of the evidence. Milne has consistently maintained his innocence and announced his retirement from the AFL a few weeks ago. Philip Dunn, QC, representing Milne, told the court earlier this month the recording was important to the case because the alleged victim had varied in her story over time. A committal hearing for Milne has been scheduled for November.