Former Hawks champion Cyril Rioli is suing the Hawthorn Football Club along with several other past players and their wives.
A new filing on the Federal Court of Australia’s online portal listed Rioli as the lead applicant in a human rights case against the club. The claim also lists as applicants: Rioli’s wife, Shannyn AhSam-Rioli, and two other former players, Carl Peterson and Jermaine Miller-Lewis and the club’s former Aboriginal liaison officer Leon Egan. Miller-Lewis’ wife Montanah is also listed as an applicant.
Cyril Rioli and his wife, Shannyn Ah Sam-Rioli.
The group’s lawyers at Arnold Bloch Leibler were contacted for comment on Friday night.
Hawthorn Football Club was the only listed respondent for the case.
The step comes after mediation between the group and those earlier accused of racism - including former Hawks coach Alastair Clarkson and his assistant Chris Fagan - was terminated by the Human Rights Commission in May. Neither Clarkson nor Fagan, who had both denied wrongdoing throughout the saga, are named as parties on the Federal Court file.
“As we have done throughout this process, we will continue to work towards a resolution in a fair and timely manner for all parties,” Hawthorn president Andy Gowers said in a statement.
“The Federal Court process will importantly give Hawthorn Football Club the opportunity to respond to these allegations.
“Given the matter is now before the courts, it would be inappropriate to make any kind of comment that could impact on that process.”
Hawthorn commissioned a cultural safety review in 2022 to investigate allegations of systemic mistreatment of First Nations players at the club.
The findings were made public via a media report in AFL grand final week that year. An AFL investigation later made no adverse findings against Clarkson or Fagan.
Fagan said in May that he would welcome the opportunity to present his side of events in court.
“I’ve maintained my innocence all the way along and I’m quite happy for that process to unroll and for us to go to the Federal Court, where we have to talk under oath,” he said.
The commission’s decision to terminate mediation – based on its view that the parties were too far apart – left the players and partners with 60 days to file and take the matter to the Federal Court.
This masthead reported at the time that the major sticking point between Hawthorn and the former players and partners was that the club was unwilling to make an explicit admission of racism in dealing with the players and partners.
Hawthorn coach Sam Mitchell was asked about the possibility of further action against the club on Friday.Credit: Getty Images
On Friday, current Hawthorn coach Sam Mitchell was asked at a press conference how he would respond if Federal Court documents were lodged.
“I’ve certainly spoken to lots of my past teammates over the journey and I think it’s very important that the right process is stuck to,” Mitchell said.
“As the coach of the current football team, I’m far from an expert in what’s happening. My understanding is that today was a sort-of cut-off day and there’s a process that’ll happen after today.
“There’s two parts - one is I need to be really focused on coaching a football team, but I also need to be fairly respectful of what’s happening in the greater part of the world and our football society and this current situation.
“While enormously respectful, I can’t add any insight to it. I’m sure it will play out over the coming hours or days.”
Mitchell was a teammate of the three players listed as applicants and played in four premierships alongside Rioli.
On Friday, Mitchell would not say if he had spoken to Rioli or anyone involved.
“If I have reached out and spoken to these people, I don’t feel like I would say that publicly - whether I have or haven’t - because that’s a private conversation,” Mitchell said.
“It’s very difficult when you’re doing two press conferences a week to keep your private life private, but I have, as much as I could, tried to keep the private conversations that I have with anyone private. What I hope happens is everyone feels heard and we can get to the end of this process with a bit more clarity than we have right now.”
- With AAP