Winmar could go head-to-head with AFL in explosive racism claim

More than 30 years on from his iconic stand against racism, St Kilda legend Nicky Winmar could be gearing up for a battle with the AFL over bombshell abuse claims.

Indigenous AFL great Nicky Winmar could become a lead plaintiff in the explosive racism class action against the league.

More than 30 years on from Winmar’s iconic stand against racism, the Supreme Court on Monday heard “another plaintiff” could help lead the group action brought by North Melbourne legend Phil Krakouer.

Outside court, Michel Margalit from Margalit Injury Lawyers – who is running the class action – confirmed Winmar had put his hand up to be more involved.

“He’s courageously offered to act as a co-lead plaintiff along with Phil Krakouer if it’s to the benefit of the group,” she said, noting Winmar was already a group member in the class action.

Nicky Winmar cemented his status as an anti-racism trailblazer when he lifted his guernsey and pointed at his skin after a match against Collingwood. Picture: John Feder

Winmar, a proud Noongar man and St Kilda legend, cemented his status as an anti-racism trailblazer when the Saints faced Collingwood at Victoria Park in April 1993.

Both Winmar and fellow Indigenous player Gilbert McAdam were racially abused by Collingwood supporters, before the Saints went on to win the close match.

After the siren sounded, Winmar – standing near the Collingwood cheer squad – lifted his guernsey and pointed at his skin, shouting “I’m black and I’m proud to be black”.

The images of Winmar captured that day remain some of the most iconic in Australian sporting history.

“Mr Winmar has suffered prolonged racial vilification in the workplace and this certainly culminated in that famous moment that was photographed in 1993,” Ms Margalit said.

“He’s been left with mental scars of that racial vilification in circumstances where he was unable to walk away as he was in the workplace.”

Winmar’s iconic stand against racism has been immortalised in a statue outside Perth’s Optus Stadium.

Krakouer is the lead plaintiff of the lawsuit, which the Herald Sun understands could cover more than 1000 group members.

It was confirmed last year that the class action would be open to “any persons of colour” who experienced racism while playing in the AFL between 1975-2022, with players needing to opt out if they did not wish to proceed.

The class action has been filed against the AFL, with five clubs – North Melbourne, Essendon, Collingwood, Geelong and Carlton – also involved in the legal proceedings.

During the administrative hearing on Monday, Judge Andrew Keogh heard the plaintiffs needed more time to structure their case, including whether it would be appropriate to accept Winmar’s offer to act as co-lead plaintiff.

But Mark Costello KC, for the AFL, told the court it would be a “very brave decision” for him to lead the class action considering he was also involved in the other class action against the AFL relating to concussion.

Melanie Szydzik SC, for the plaintiffs, said more time was also needed for her team to decide whether the five clubs – or any other clubs – would be formally named as defendants.

Phil and Jim Krakouer are also involved in the class action.

Mr Costello added that the AFL was “very concerned” about the ongoing harm of this litigation.

“This litigation has ongoing effects outside this courtroom,” he said.

“I am duty bound to let Your Honour know those concerns are deeply felt by my client.”

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

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

Sheedy, a former 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,” he told the Herald Sun last year.

“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.”

Kevin Sheedy has denied allegations made against him in the lawsuit. Picture: Getty Images

The AFL also said it would defend the claims, while noting Winmar was an “icon” of the game.

“His actions at Victoria Park remain iconic for his stand against racism and – along with the abuse of Michael Long – led to the AFL developing world sport’s first ever racial vilification policy in 1995,” the AFL said in a statement.

“We have long supported Nicky Winmar’s stance against racism. The game is better for what he has done on and off the field in both fighting racism and inspiring generations of indigenous boys and girls to take up our game. Nicky always has a revered place in our game that is unquestioned.”

The spokesperson said the AFL fully acknowledged there has been racism in the game and that players have been “marginalised, hurt or discriminated against because of their race”.

“For that, we have apologised and continue to apologise and will continue to act to address that harm,” they said.

“While Margalit Lawyers continue to regularly change their claim, we do not agree with its central view that the VFL/AFL has been conducted negligently over the past 47 years and we will defend those claims.”

Krakouer alleges that he suffered injury, loss and damage as a result of the alleged racism.

Margalit Injury Lawyers is running the class action on a ‘no win no fee’ basis.

“This has been a case that has been hard fought by the AFL and, at times, it has been disappointing that it has been so hard fought as opposed to more of a coming together to address the harms suffered by our group members,” Ms Margalit said.

“Our group members would like to fully have their pain and experience acknowledged at the earliest possible opportunity.”

In August, the court heard the plaintiffs were seeking to access broadcasts of some 200 games to be able to identify the dates, matches and players involved in the incidents where racism allegedly occurred.

Judge Keogh ordered the plaintiffs to file their pleadings by April 24.

Originally published as Winmar could go head-to-head with AFL in explosive racism claim