By Peter Ryan
Hawthorn claim they pulled Carl Peterson from the 2010 elimination final against Fremantle after his partner informed them he had used marijuana in the week leading up to the game, according to their defence lodged in the Federal Court.
The Hawks also claim that Peterson returned from a trip during the 2009 mid-season break incoherent and appearing to be affected by alcohol or illicit substances. Peterson also allegedly advised a club official he had no money in his bank account and had lost his clothing.
Carl Peterson during his last season with the Hawks.Credit: Sebastian Costanzo
In the document, which is a response to a statement of claim from ex-Hawks Cyril Rioli, Peterson and others, Hawthorn also denied a meeting between Peterson, Alastair Clarkson, Chris Fagan and Jason Burt – at which Clarkson was alleged to have suggested Peterson’s partner should terminate a pregnancy – ever took place.
The filing of Hawthorn’s defence is the latest development in the Federal Court action lodged against the football club, arising from allegations contained in the Hawks’ 2022 cultural safety review.
The defence also argues that Rioli signed a deed of release with Hawthorn at the time of his retirement in 2018 that precludes him from taking Federal Court action. It also states that the champion Hawk received “valuable consideration” from Hawthorn at that time.
Hawthorn argue “the proceeding is an abuse of process due to the delay by the applicants in commencing the proceeding”.
Cyril Rioli in full flight for the Hawks in 2012.Credit: Sebastian Costanzo
In the defence, Hawthorn say they recruited Peterson at the end of 2008 despite “concerns relating to his drug use and his failure of a voluntary drug test in or around that time” being raised by the club’s recruiting team.
Peterson lived with a host family and welfare staff including Burt and David Flood until early 2009 when he moved in with his partner Nikita Rotumah. He was delisted in October 2010.
Hawthorn deny that a meeting – at which Peterson alleged in the statement of claim that Clarkson said words to the effect of “unless you break up with her and tell her to terminate the pregnancy, your football career will be in jeopardy” – ever happened.
The document “denies that any meeting with the coaches occurred after Peterson informed Burt that Rotumah was pregnant”. It says that Fagan, Burt and Clarkson first became aware the pair were expecting a baby when Peterson announced the news to teammates in late July or early August, and any of their actions before that point occurred without any awareness his partner was pregnant.
The Hawks also deny the following allegations from the statement of claim:
- That Peterson told Clarkson and Burt that he had told Rotumah it was not a good idea to have the baby or for them to see each other
- That Clarkson and Burt told Peterson words to the effect that he would stay at Burt’s house for a few days
- That Burt drove Peterson to his house, and on the way purchased a SIM card and told Peterson words to the effect that it would be best that Peterson was not able to communicate with his family any more so he could be 100 per cent focused on his training
Burt, Clarkson and Fagan have denied all the allegations against them, which were initially aired in the cultural safety review and made public by the ABC in grand final week of 2022.
Peterson eventually moved back with Rotumah in early 2010 and their baby was born in February 2010.
In 2018, then-Hawthorn president Jeff Kennett made comments to Rioli’s partner Shannyn Ah Sam-Rioli at Launceston Airport during Indigenous round in June.
The Hawks claim that Kennett apologised for comments made to Ah Sam-Rioli during a series of discussions that ensued following the incident, which ultimately led to Rioli’s retirement from the game. Kennett maintained that his comments to Ah Sam-Rioli were not racially motivated.
Rioli then received consideration and signed a deed of release, which the Hawks say precludes him from seeking damages.
The defence document lodged by Hawthorn also claims that at a meeting on June 10, 2018 – before Rioli’s retirement – Ah Sam-Rioli and her brother, Peter, told then-football boss Graham Wright that Hawthorn and Kennett were racist, that they wanted Kennett to apologise and resign, and for Hawthorn to pay Rioli more money than agreed in his football contract.
Other aspects raised in the statement of claim:
Burt’s involvement in Peterson’s life
Hawthorn’s defence says Burt provided Peterson with ongoing support in managing his finances in response to the claim that the Hawks official had questioned Peterson about his life outside football, including his “perceived lack of financial accountability”.
Hawthorn’s defence said Burt made advance wage payments to Peterson so he could meet his living expenses, pay outstanding fines, and for the purchase of a car.
The defence also said Burt assisted Peterson to consolidate his various identities, being Carl Peterson, Carl Petterson, and Carl McNeill, in which Peterson had incurred debts.
Burt’s references to Peterson’s relationship with Rotumah
Hawthorn claimed that from about March 2009, Rotumah contacted Burt to express her concerns about Peterson’s drug use. The defence denied that in March or April 2009 Burt said to Peterson words to the effect “that Hawthorn was opposed to him being in a relationship with Ms Rotumah”. They claim that in around April 2010, Hawthorn arranged relationship counselling – paid for by the AFLPA – to be provided to Peterson and Rotumah by Kaa & Associates to prevent Rotumah leaving Peterson.
The Hawks admitted Clarkson visited Peterson’s home in Templestowe with a gift after the birth of the child but denied saying words to the effect “this house is nice, you have the kids’ artwork up and it’s nice and clean. You should invite your teammates over for dinner and things. For all they know you’re living in a shack in the desert somewhere”, which were included in the statement of claim.
The Hawks’ defence denied that Clarkson pinned one of Peterson’s sons up against the wall with his forearm on his chest and his hand gripping his shirt, and gave a different version of the July 2019 visit when Peterson took his stepson, his two sons and Rotumah’s younger brother to visit Hawthorn’s training facilities. They wrote that Peterson emailed Angela Burt, Hawthorn’s Indigenous liaison manager, Kennett and then-CEO, Justin Reeves, thanking them for the tour and informing Hawthorn of how much his children had enjoyed the visit. Peterson also sought and was granted tickets by the Hawks to a Hawthorn game in Perth in 2019.
Rioli’s allegation towards Clarkson
Hawthorn’s defence denied Rioli’s allegation included in the statement of claim that Clarkson called him “Humphrey B Bear” and therefore associated him “with a black bear and chose to publicly refer to him in that way”.
It said Clarkson called Rioli and some other players “Humphrey B Bear” and said further that the distinguishing feature of Humphrey B Bear was that he did not speak, and that was the reason Clarkson called Rioli and some other players that nickname.
Hawthorn’s Alastair Clarksonand Cyril Rioli in 2012.Credit: Sebastian Costanzo
It said Clarkson said to many players words to the effect that they needed to speak and communicate with their teammates on and off the field and not “be Humphrey B Bear”.
Parties have made various attempts to resolve the issues that arose from the cultural safety report commissioned by the club.
The league set up a four-member panel to investigate the allegations and the AFL investigation found no adverse findings against Clarkson, Fagan or former Hawks welfare manager Burt.
In May, the Australian Human Rights Commission terminated a claim against Hawthorn by the First Nations ex-players and their partners after the parties failed to come to a deal.
The AFL was not involved in the Human Rights Commission hearing. Hawthorn have not received any official sanction, either.
Hawthorn president Andy Gowers made a statement in response to the public release of the club’s defence.
“We continue to engage with the legal process in good faith, but we will not be providing a running commentary on this matter while it is ongoing,” Gowers said.
“Given the matter is before the courts, it would be inappropriate to make any kind of comment that could impact on that process.”
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