Alastair Clarkson and Chris Fagan pushed to give evidence under oath in order to clear their names
The two coaches at the centre of the Hawthorn racism saga are being pushed to give evidence under oath and be cross-examined in order to clear their names.
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Alastair Clarkson and Chris Fagan are being pushed to give evidence under oath and be cross-examined in order to clear their names.
The legal team representing the First Nations players at the centre of the explosive Hawthorn report want this requirement if they are to take part in any further investigation.
Brisbane and North Melbourne are currently in limbo with Fagan and Clarkson, who was scheduled to start as the new Roos boss on November 1, both standing down and taking a leave of absence.
The latest legal manoeuvre clearly backs Clarkson and Fagan into a corner as it would be a PR disaster should the AFL coaches refuse to go on the record and be subject to legal questioning.
If they agree the two parties can conduct a private inquiry hearing, most likely in front of a nominated Kings Counsel or panel, which follows the rules of engagement with documents of evidence and witness lists.
Legal experts believe this is the quickest way to decide the matter with a result potentially by Christmas.
The AFL is yet to name its four-person panel that will oversee their proposed external investigation into the harrowing and disturbing claims of the Hawthorn players.
The report, which has been obtained by the Herald Sun, details a number of first-hand accounts from 17 past and present players and staff members.
Renowned troubleshooting lawyer Leon Zwier, who acted for Collingwood on the Do Better report, has been hired by the four First Nations families at the centre of the racism scandal.
Four-time premiership coach Clarkson has engaged King’s Counsel and former County Court judge Julie Condon and John Tuck and Paul Burns from Corrs Chambers Westgarth as his legal representatives.
Earlier in the week Fagan enlisted the help of Clayton Utz lawyers and barristers Liam Kelly KC and David Turner to act on his behalf and released a second statement again protesting his innocence.
On Wednesday Clarkson released a statement saying “in the strongest and most emphatic terms possible” that he vehemently denies the allegations of abuse, racial vilification and bullying.
He expressed his concerns surrounding a “fair process” and warned “I will not hesitate to take further steps to protect my position and reputation should that be necessary”.
“Since learning of the allegations first reported in the media last Wednesday, I have been shocked and deeply distressed,” Clarkson said.
“It remains profoundly disappointing that these matters are now being widely canvassed in the public domain without the opportunity being given to me or others to give our accounts or even read the Hawthorn report, which to this day I have not seen.
“The further recent publication of purported extracts from the report means I now have grave concerns that any chance of a fair process and just outcome have been seriously undermined, if not irrevocably corrupted.
“The failure to maintain the confidentiality of the review and further damaging public speculation means I have no option but to express publicly, in the strongest and most emphatic terms possible, that I did not behave in the manner claimed.”
North Melbourne is preparing for Leigh Adams, who was interim coach after the sacking of David Noble, to take care of pre-season training when it kicks off in November.
Clarkson has already put good friend Todd Viney in as football boss at Arden St while assistant coaches John Blakey, Jordan Russell and Gavin Brown (development) have been retained for this season.
Brisbane is likely to turn to former Hawthorn assistant Cameron Bruce, who joined the Lions this year, to be in charge of the early summer training phase.
Originally published as Alastair Clarkson and Chris Fagan pushed to give evidence under oath in order to clear their names
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