NewsBite

Exclusive

Kevin Sheedy and Terry Daniher among footy greats dragged into an explosive racism class action against the AFL

Some of footy’s biggest names, including Kevin Sheedy, Terry Daniher and Wayne Johnston, have been dragged into an explosive racism class action against the AFL.

Footy greats have been accused of vile racism against North Melbourne’s Krakouer brothers in an explosive class action levelled against the AFL.

Essendon greats Kevin Sheedy, Terry Daniher, Roger Merrett and Bill Duckworth, as well as Carlton’s four-time premiership hero Wayne Johnston, are named in a bombshell Supreme Court statement of claim that was lodged against the league last Tuesday.

The document alleges the Krakouer brothers were called “petrol sniffers”, “a--s” and “n-----s” in the 1980s.

Sheedy, a current Essendon director, denied his involvement in the allegations.

“I have always had the utmost respect for all First Nations players who have played our great game,” the four-time Essendon premiership coach told this masthead on Saturday.

“My track record stands for itself in this regard, and these allegations made against me are totally inaccurate, are hurtful and I look forward to defending myself vehemently against them.”

The AFL also told this masthead it would defend the claims.

“We fully acknowledge during our long history of the game there has been racism in Australian Football and that players have been marginalised, hurt or discriminated against because of their race and for that we have apologised and continue to apologise and will continue to act to address that harm,” the league said on Saturday.

“While we work through the class action, we will continue our ongoing work against racism and discrimination with our clubs, our players, our staff and our supporters to promote football environments at all levels around the country that are safe and respectful for all.

“We do not agree with the claims that the VFL/AFL has been conducted negligently over the past 47 years and we will defend those claims.”

Jimmy and Phil Krakouer at a North Melbourne game in 2019. Picture: Michael Klein.
Jimmy and Phil Krakouer at a North Melbourne game in 2019. Picture: Michael Klein.

The landmark class action will be open to more than 1000 former AFL players seeking compensation who are indigenous or “persons of colour, meaning people who are not white”, as well as their families.

Daniher is alleged to have “frequently called Jimmy Krakouer racist names” during the 1982 elimination final.

Multiple Bombers allegedly made comments including: “you a--” and “b---- smelly bastard” in that final.

The document claims Johnston, a former Blues captain, was a “constant” offender and called Krakouer a “petrol sniffer”.

Johnston also allegedly made disparaging comments about acts involving Krakouer’s sister and mother and made abusive references about Krakouer’s wife.

Dual premiership Bomber and 1984 Norm Smith Medallist Duckworth is accused of calling Krakouer an “a--, “black c---” and “smelly”.

An umpire is alleged to have said words to the effect of “you deserve it” to Krakouer when he retaliated to racist taunts by choking an unnamed opponent.

The Supreme Court document slams the AFL for turning a blind eye to racism.

It also says the Krakouers required security guards to assist them off VFL grounds because they were abused and spat on by spectators.

In around 2017, it is alleged Sheedy admitted to one of the brothers at a Nunawading Football Club sport’s night that he encouraged his players to abuse them to gain a tactical advantage.

Sheedy, 76, pioneered the annual Dreamtime blockbuster between Richmond and Essendon and has been instrumental in helping football celebrate indigenous culture.

Kevin Sheedy and Terry Daniher at the 1985 grand final.
Kevin Sheedy and Terry Daniher at the 1985 grand final.

Margalit Injury Lawyers is acting on behalf of the players. The same law firm is running a separation concussion class action against the AFL.

Legal sources have told this masthead they believe the case is fundamentally flawed.

“They appear to be trying to hold the then-VFL to a standard of perfect conduct by 2024 standards – a standard no other organisation in the world, sporting or otherwise – did meet or could meet,” one legal figure said.

Lead plaintiff Phil Krakouer lodged the statement of claim last week on behalf of all AFL and VFL players who experienced racial vilification, harassment or humiliation on the basis of race and race-related booing or spitting between 1975 and 2022.

The claim is also open to secondary victims – such as partners or family members – who suffered consequential mental harm by way of a recognised psychiatric illness.

Phil Krakouer is listed as the secondary victim, with Jimmy Krakouer named as is the primary victim.

Phil Krakouer allegedly witnessed Jimmy being abused by opponents and spectators in almost every game they played together.

The Krakouer brothers lit up football when they starred for the Kangaroos as teammates from 1982-89.

Jimmy Krakouer was released from jail in 2004 after serving nine years of a 16-year sentence for drug trafficking.

Roger Merrett’s alleged repeated vilification of Jimmy included the words: “you black c---” and “n-----”.

Merrett allegedly used those slurs against both brothers.

Jimmy Krakouer’s reactions resulted in him receiving multiple suspensions from the league.

He was also allegedly struck by a beer can hurled by a spectator.

Roger Merrett in action for Brisbane in 1996.
Roger Merrett in action for Brisbane in 1996.
Jimmy Krakouer takes a flying mark.
Jimmy Krakouer takes a flying mark.

Daniher, Duckworth and Johnston declined to comment on Saturday. They said they were unaware of the legal action and had not seen the court document.

The Bombers said they would continue to support Sheedy, as a director, as well as their past players referred to in the court action.

“The club’s thoughts are with First Nations peoples who continue to experience unacceptable levels of racism. We encourage those needing support to reach out to their local Aboriginal Community Health Service,” the club in a statement provided to this masthead.

The 31-page statement of claim document says the AFL ought to have known that players belonging to ethnic minorities were at risk, given indigenous greats Sir Doug Nicholls and Syd Jackson had been abused historically.

Nicholls, who the AFL honours annually during the Indigenous Rounds, played for Fitzroy from 1932-27. Jackson won two flags playing for the Blues from 1969-1976.

The AFL’s failings have been blamed for causing or contributing to six injuries suffered by one of the Krakouers.

They are physical injury (including “batteries of players striking and attacking him, and spectators spitting on him), psychiatric injury, post-traumatic stress disorder, depression, anxiety and claustrophobia.

“If the AFL had undertaken the reasonable precautions from 1980 … Krakouer would not have suffered the injuries or, alternatively, the extent of the injuries,” the document says.

The Bombers said they would continue to support Sheedy. Picture: David Crosling
The Bombers said they would continue to support Sheedy. Picture: David Crosling

Margalit Lawyers accused the AFL of breaching its duty of care by failing to create a safe working environment.

The legal document claims racial vilification received widespread media coverage and was seen and heard by umpires, match officials, spectators and TV viewers, as well as acknowledged and exploited by coaches.

It outlined more than 45 initiatives the league could have enacted to combat abuse from opposition players, staff and spectators.

They included abandoning matches due to widespread spectator abuse, publicly condemning club staff who used abuse as a tactic, studying the effect of abuse on players and making reporting mechanisms available to players who had been targeted.

According to the document, the AFL and the abused players were in “a position analogous to employer and employee”.

The document states: “The AFL knew or ought to have known (the Krakouers) were the subject of abuse and yet the abuse continued without the AFL ... taking any action at all”.

It continues: “Despite what occurred to (Phil) Krakouer and James Krakouer, the abuse on other abused players continued, with the AFL failing to learn from its mistakes.

“The AFL’s contumelious conduct should be condemned in the strongest possible terms and the AFL should be deterred from acting in this way in the future, such that Krakouer should be awarded exemplary damages.”

Originally published as Kevin Sheedy and Terry Daniher among footy greats dragged into an explosive racism class action against the AFL

Original URL: https://www.adelaidenow.com.au/sport/afl/news/kevin-sheedy-and-terry-daniher-among-footy-greats-dragged-into-an-explosive-racism-class-action-against-the-afl/news-story/45250ecdc422fda6739bc98cc921cf25