Mark Robinson: Hawks racism scandal headed for Federal Court after mediation talks break down

The Hawthorn racism saga appears headed to the Federal Court after mediation talks broke down, paving the way for secret text messages to be disclosed in court, reports MARK ROBINSON.

Secret text messages from a former Hawthorn football official are expected to be used as evidence when the Hawks racism scandal is heard in the Federal Court.

The Hawks on Monday confirmed the Human Rights Commission had terminated a claim against Hawthorn by past Indigenous players and their families because parties could not come to a deal. It paves the way for the matter, which involves former coaches Alastair Clarkson, Chris Fagan and Jason Burt, to be taken by the Indigenous parties to the Federal Court.

Last week, this masthead revealed that despite two extensions in mediation, the talks were on the brink of collapse.

The text messages were sent by David Flood, a former development coach at the Hawks from 2008-2012.

It’s believed the series of messages, sent by Flood, were sent to one Indigenous family. It’s believed one of the texts says he (Flood) had “let them down”, did not “ask enough questions” and that he was “very sorry” for how the family was treated.

Former Hawthorn development coach David Flood.

The family said in the text exchange that “you (Flood) were there and you didn’t speak up for us” and that “we had no one”.

Flood was named in the club’s cultural safety review and as a non-Indigenous person who had “reached out” to the report’s author, Phil Egan.

The report, which this masthead revealed in September 2022, asserted that the alleged treatment at the club of First Nations players involved “bullying and intimidation tactics … to be used to isolate First Nations players from their families and communities”.

These “aggressive intimidatory actions were undertaken by the most senior of the coaching and management hierarchy’’, Egan wrote. The report alleged that Flood told Egan: “If you dare question their methods, you were frozen out”. And: “I knew this day would come”.

“He went on to say Evans (former chief executive Mark Evans), Clarkson, Fagan and Burt operated the football department like the Russian Mafia,” the report said.

Despite the claim being terminated by the Human Rights Commission on Monday, mediation can continue between all parties, but not under the umbrella of the HRC.

“It’s the Federal Court next,” one source said.

Alastair Clarkson and Chris Fagan during their time at Hawthorn. (Photo: Michael Willson/AFL Media)

Another source said: “The players and their families are all committed to the Federal Court. They are as one. And under oath, they’re going to share their truth with the football public.

Witnesses can be called and they also will be under oath.”

Hawthorn president Hawthorn Andy Gowers said on Monday: “We have engaged with the AHRC process in good faith and have made multiple attempts to resolve the matter with all parties. It is unfortunate that this was not possible via this process, however, we remain committed to and will continue to work towards having the matter resolved. As we have always said, we would like to see this matter resolved fairly and quickly for everyone involved.’’

It’s understood the talks stalled, in part, over an appropriate written response to claims of racism made by the players and their families. The players and their families had asked for acknowledgment of their pain and suffering and a public apology.

Hawthorn president Andy Gowers. (Photo by Dylan Burns/AFL Photos via Getty Images)

Compensation for the families – and for Clarkson, Fagan and Burt – was also a discussion point.

Clarkson, Fagan and Burt have denied any racist behaviour.

Former Hawthorn president Jeff Kennett, who was at the club when some of the claims were alleged, said he welcomed a Federal Court hearing.

“This should now go to the Federal Court and, at that stage, all of the evidence will be laid down and made public and a court will make a decision,’’ Kennett said.

“The claimants have every right to make claims, but they should be tested in a court of law.

“It’s not for the AFL to try to determine these matters because they totally botched the handling of this affair. I congratulate the Hawthorn board for not succumbing to the claims that have not been independently and appropriately tested.’’

Originally published as Mark Robinson: Hawks racism scandal headed for Federal Court after mediation talks break down