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Concussion campaigner Peter Jess shocked that Peter Gordon is helping Will Pucovski as past AFL players wait for compensation

Concussion campaigner Peter Jess has slammed the AFL’s lawyer Peter Gordon for deciding to advise cricketer Will Pucovski on his concussion case. Here’s why.

Peter Gordon is assisting Will Pucovski.
Peter Gordon is assisting Will Pucovski.

Not much astounds Peter Jess in his later-life crusade to help players at elite and community level navigate the hellish road of brain trauma.

The constant push-backs and ignored calls from peak bodies, all of them about either compensation for players and their families or the potential mitigation of injury, is par for the course in a pursuit to have his voice heard.

Yet, even he was floored when it was revealed this week that the AFL’s lawyer, Peter Gordon, who Jess claims promised in writing two years ago compensation payouts to a group of former players – some of which is still to be paid – was now advising cricketer Will Pucovski on his concussion case.

Bluntly, Jess said he felt it was an insult to the former players from the former Bulldogs president.

“On one hand, he (Gordon) is on the public record as saying the AFL has no case to answer for the damage which has been created by concussion, and on the other hand, he’s going all out to help a cricketer. Those of us involved in the campaign to get justice are staggered by (it),” Jess said.

Jess is astounded by Gordon‘s actions. Picture: NCA NewsWire / Andrew Henshaw
Jess is astounded by Gordon‘s actions. Picture: NCA NewsWire / Andrew Henshaw
Will Pucovski is legal help from Gordon. Picture: Getty Images
Will Pucovski is legal help from Gordon. Picture: Getty Images

In the long-running and seemingly never-ending dispute between the AFL and its former players, the claims include those from former Bulldogs Alan Stoneham, Nigel Kellett and Matthew Robbins, former Eagle Daniel Venables and former Saints Justin Koschitzke and Rod Owen. Other names, such as former Demon Ted Fidge and former Crow and Magpie, Chad Rintoul, followed.

The claims stemmed from a meeting and discussions between Gordon, who was representing the AFL, and Jess, who was helping the players, in 2022.

“Peter Gordon agreed to pay 10 of the worst impacted players from concussion on a no-fault scheme,’’ Jess claimed.

The scheme allegedly allowed for a monthly payment plus a lump sum worth more than $1 million each. Only Kellett receives a monthly stipend.

“But where’s the rest of it?” Jess said, saying claims were “sitting with the AFL”.

“They say the injury and hardship scheme will be set up, but it was going to be set up in 2023, was going to be set up in ‘24 and here we are at the back end of ‘24 and still nothing,’’ Jess said.

This week, Kellett, who has been diagnosed with frontotemporal dementia (FTD), and CTE symptoms, and his partner Sue Rudolph, visited Gordon’s offices, hoping to have a meeting with him. They managed to get to floor 22 of his building, where they were told Gordon was “on holidays” and through Gordon’s legal colleague Andrew Grech, were told that any questions would need to be sent via their lawyers.

Nigel Kellett is seeking compensation. Picture: Michael Klein
Nigel Kellett is seeking compensation. Picture: Michael Klein

However, a legal representative told the Herald Sun that lawyers are not permitted to speak with the clients of other lawyers.

“Peter Gordon was the person who wrote the letter to Nigel in 2022 and Nigel has held on to that promise,” Rudolph told the Herald Sun.

Rudolph, too, was stunned about the news of Gordon aiding Pucovski.

“I’m glad Will is getting the help he needs,’’ she said. “But the irony is Peter Gordon is representing the cricket player against the corporate, being Cricket Australia, as opposed to representing the AFL against the victims of concussion. It’s laughable.

“I do 100 per cent support this cricketer.’’

Gordon said this week he agreed to advise Pucovski “because he asked me to”.

“The past AFL players I dealt with in 2022, I dealt with as a lawyer for the AFL providing advice on a support scheme for serious injuries,’’ he said.

“Because the AFL was my client, I obviously could not also act for past AFL players against the AFL, and in any event, none of the past AFL players ever asked me to.

“The past AFL player whom I informed in 2022 would receive urgent special assistance from the AFL (Kellett) has in fact been receiving substantial financial assistance from the AFL since then and he continues to do so.’’

Jess said that in his opinion, Gordon and the AFL lacked “compassion and care” for the past footballers.

“It’s as if they don’t count,’’ Jess said.

Peter Jess continues to fight for past footy players suffering with the effects of concussion. Picture: Jake Nowakowski
Peter Jess continues to fight for past footy players suffering with the effects of concussion. Picture: Jake Nowakowski

“The AFL’s respective chairmen – from Mike Fitzpatrick forward – have always said, as have the CEOs of the AFL, and their legal department, they have always been at great pains to say the welfare and health of players is the most important thing to the AFL. These players need urgent help.’’

As Jess spoke, Di Fidge, the wife of Ted, called him, and she also spoke to the Herald Sun.

“Ted is not in a good way,’’ she said. “What do I say to him to ease his pain? The AFL and the AFLPA are not doing enough. No one should have to live like this. It’s terrible.’

She labelled Gordon “rude” for “the whole situation’’.

“I have no hesitation in saying what I’m saying because they are not living the nightmare that I’m living,’’ she said. “And that story that ‘we’re going to pay them X amount per month’, well, what’s happened to that? Are the guys supposed to kill themselves before the AFL acknowledges them?”

Jess said he receives calls from the likes of Di Fidge weekly.

A practising accountant, Jess said this week he had spoken to Di, Sue, two mothers of current AFL players, a mother of a Bendigo teenager who was hit behind play, former AFL players Rintoul, Ty Zantuck and Stoneham, and two other well-known former player who are yet to go public with their plight.

“They can’t talk to the AFL, they are ignored,’’ Jess said.

“We now have a conga line of people with a begging bowl at their door who have been so damaged by the game they are the walking dead. Sooner or later it has to change.’’

The complexity of the concussion issue is compounded by conflicting expert advice on the impact of repetitive head trauma and the potential neurological damage that flows from it.

In some ways, it’s the medical experts aligned with the peak sports bodies versus independent scientists and multiple clinical studies.

“The experts the AFL has engaged in their concussion research say it’s not clear if there’s a link between head trauma and CTE – it’s nonsense. The evidence is compelling,’’ Jess argued.

“If we don’t change there will be this continuum of brain damage.’’

Concussion continues to be a huge issue in the AFL world. Picture: Getty Images
Concussion continues to be a huge issue in the AFL world. Picture: Getty Images

In a letter to players this week, the AFLPA reiterated the AFL’s $31 million commitment towards a 10-year study into concussion and also noted the increase in funding to the injury and hardship fund to support former players, which is funded by current players.

“While we are aiming to get this upgraded fund in place as soon as possible, negotiations with the AFL have taken longer than anticipated,’’ the AFLPA said.

“Although this is taking time, we believe this will result in better outcomes for members than previously, such as the introduction of a new benefit applicable to past players who have suffered serious injury – the definition of which is still being finalised.’’

Jess’ longstanding hope is to make the game safer for all participants at every level, and that everyone can “work together” to make it happen.

“The effects of concussion are staring us in the face,’’ he said.

“We now know early onset of dementia is the No.1 biggest killer in Australia.

“What does concussion cause? The early onset of dementia.’’

Originally published as Concussion campaigner Peter Jess shocked that Peter Gordon is helping Will Pucovski as past AFL players wait for compensation

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Original URL: https://www.dailytelegraph.com.au/sport/afl/concussion-campaigner-peter-jess-shocked-that-peter-gordon-is-helping-will-pucovski-as-past-afl-players-wait-for-compensation/news-story/df58ee0e6bd66d65cff65bb78990c55e