Tom Silvagni revealed as ‘high-profile’ man convicted of rape after gag order lifts

The youngest son of AFL heavyweight Stephen Silvagni, and brother of current St Kilda player Jack Silvagni, can now be unmasked as a convicted rapist.

Tom Silvagni, 23, was found guilty last Friday of twice raping a woman in January 2023 after hosting friends at his parent’s Balwyn North home while they were away.

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But due to a suppression order barring reporting of his identity and links to the AFL world, media coverage of the two-week trial only referred to Silvagni as a man from a high-profile family.

Since Silvagni was charged in June last year, a series of suppression orders have covered his case as it moved through the court system.

The most recent order, imposed by Judge Andrew Palmer on November 21, was due to expire three months after the end of his trial and sentence.

On Thursday, Judge Palmer brought the suppression order back to court for a judicial review.

Wearing a prison green sweatshirt, Silvagni beamed into the courtroom seated in a white-walled room. His parents, who supported him throughout the trial, did not attend.

Judge Palmer told the court Silvagni’s lawyers had sought to suppress their client’s identity on two legal grounds; to protect his safety and preserve the proper administration of justice.

On the second ground, the administration of justice, Judge Palmer agreed and found it was justified to divert from the principle of open justice — a legal foundation which holds that justice should be held in public so it can be seen to be done.

Judge Palmer said there was “compelling” medical material from two psychiatrists that if Silvagni was to be named in the media, the psychological impact on him would leave him “unable to participate in the trial”.

The judge said that now Silvagni had been found guilty and remanded into custody, it was no longer necessary to hide his identity to preserve the administration of justice.

He noted that there was significant public interest in the case and “everyone knows on social media” the man from the high-profile family was Silvagni.

“Although it cannot be published that Mr Silvagni is the man convicted of rape it is a matter of common knowledge within Melbourne,” Judge Palmer said.

Silvagni’s barrister David Hallowes SC initially sought to push arguments on whether the suppression order should come down, or not, to next week, arguing he had not had enough time to prepare.

He suggested there could still be legal justification to suppress Silvagni’s identity to protect his safety, but needed time to prepare medical evidence on this.

“We say we should be entitled to properly prepare for that,” the barrister said.

The move was opposed by Crown prosecutor Elizabeth Ruddle KC, who said the suppression order had run its course and should now be lifted.

She told the court the suppression order was imposed due to medical evidence Silvagni’s psychological state would “deteriorate rapidly” if named in connection with the rape case and his ability to participate in the trial would be “significantly impacted”.

Ms Ruddle noted there was public speculation the man at the centre of this crime was being protected or given special treatment due to his family, when that was not the case.

“It can’t go on forever, Mr Silvagni has to face the music at some point,” she said.

Judge Palmer ruled against Mr Hallowes’ request to push the hearing back a week and made an order revoking the suppression order.

But he gave Silvagni until 4.30pm on Thursday to appeal his decision to the Supreme Court.

As of 4.30pm, no such application for a judicial order was lodged by Silvagni’s legal team.

Judge Palmer said the risk to Silvagni’s safety had changed by virtue of his presence in custody where authorities have a statutory duty to keep him safe.

“At some point he will have to reconcile himself to the reality that he has committed these offences and there is media interest in them,” he said.

Silvagni reacted with shock, grabbing his head and rocking back in his chair, as he was found guilty of two counts of rape by a jury of 12 Victorians on December 6.

His mother, Jo Silvagni, could be heard softly sobbing after the jury announced their verdict.

Tom Silvagni is the youngest son of Stephen Silvagni, a former Carlton Hall of Famer now working at St Kilda as list manager, and grandson of Carlton legend Sergio Silvagni.

At trial, the woman gave evidence she attended the Silvagni home to socialise with friends, before having consensual sex in a guest bedroom with a man she had previously had a casual relationship with.

After the man left shortly before 2am to return home, she said Silvagni opened the door and told her the other man’s Uber had cancelled and he would be coming back upstairs.

Minutes later, she said Silvagni returned to the darkly lit room, climbed into the bed and twice inserted his fingers into her vagina while claiming to be the other man.

She told the jury she recognised him by his voice, long hair and silhouette, with Silvagni quickly fleeing the room when confronted.

“Tom I know it’s you, you’re the only guy left in the house,” she said.

Silvagni strenuously denied raping the woman or entering the bedroom, arguing through Mr Hallowes that it was possible she was mistaken on his identity.

He will return to the County Court on Friday for a pre-sentence hearing.

Silvagni was remanded into custody after the jury returned their verdicts, despite his lawyers requesting his bail be extended, after Judge Gregory Lyon said a term of imprisonment “must be imposed” for the offending.