Hawthorn accuser announces major action against AFL investigation

The AFL have responded after one of the women to have made sickening accusations against Hawthorn club figures went on the attack.

Chris Fagan and Alastair Clarkson are mentioned in the report. Photo by Michael Willson/AFL Media)

One of the women to have made sickening accusations against senior figures at the Hawthorn Football Club has announced she will not co-operate with the AFL’s investigation into the scandal.

The AFL last month announced the terms of reference for its investigation into the bombshell accusations included in a report that followed an external review of Aboriginal and Torres Strait Islander people’s experiences with the Hawks.

The AFL a month ago announced Bernard Quinn KC would lead the investigation into allegations of “racist behaviour, bullying and other inappropriate conduct” by Hawthorn employees — particularly towards First Nations players — between 2008 to 2016. Quinn will be joined by fellow panellists Jacqualyn Turfrey, Tim Goodwin and Julie Buxton.

It has for weeks been reported that several people to have made the accusations against the football club had concerns about being involved in the investigation process because of the clear conflict of interest for the AFL.

Despite the league’s insistence the investigation would be entirely independent, one of the women has now announced she will be taking a stand by refusing to participate.

Chris Fagan and Alastair Clarkson have been mentioned in the report, but dey any wrongdoing. Photo by Michael Willson/AFL Media.

In a statement released by Marque Lawyers, the legal team acting for one of the accusers, a women referred to as “Amy” says: “I could either stay numb and silent, or I could find my voice and play my part in the struggle to try and create safety and protection for our young ones who would inevitably face these systems”.

The accuser, identified in the statement as a Gunditjmara and Bunitj woman, goes on to say in the statement: “Why would I ask the protectors of the perpetrators who caused me all this trauma to then investigate the abuse?”

The statement claims the AFL ignored the woman when establishing the framework for the investigation, leaving her with no option but to walk away.

The most shocking accusation made by the legal representatives is that it is a “lie” for the AFL to claim the investigation will be conducted in a culturally safe environment.

It also accuses the league of launching a “brutal intrusion” on the families at the centre of the claims.

Marque Lawyers claim the AFL gave the woman, whose name was changed to protect her identity, just two days to address the terms of reference before they were established.

Statement on behalf of "Amy", the former partner of an Indigenous Hawthorn Football Club player, who alleges the club forced her partner to leave her and tell her to have an abortion. #TheDreamTheCosthttps://t.co/ReQA5jMDfPpic.twitter.com/zlf1pKmLc3

— marquelawyers (@marquelawyers) November 1, 2022

The AFL responded on Wednesday by releasing a statement in which it acknowledges the “pain, trauma and grief” detailed, but stands by the independent review being conducted.

“The AFL acknowledges the response to the independent investigation from Marque Lawyers this morning,” the statement readi.

“We acknowledge the pain, trauma and grief of the experience from “Amy” in the statement and it reinforces how serious these allegations are, and how important it is that the AFL treat them appropriately while ensuring a formal process that provides the opportunity to bring their experiences direct to the Independent Review in a supportive and respectful process to those impacted, and natural justice to those people against whom allegations of misconduct have been made.

“As previously stated, the matter was brought to the AFL by the Hawthorn Football Club along with the consultant that undertook the review, and given the seriousness of the allegations, it was important to set up an independent external investigation that provides a clear and safe process to investigate the matters.

“The AFL can only investigate the matter under AFL Rules, as that is the only jurisdiction we have the ability to determine and - as we have said previously – our process doesn’t stop any impacted person from taking separate legal action or seeking redress in another forum or jurisdiction.

“As part of the detailed consultation process preceding the commencement of the investigation, proposed terms of reference were sent to the lawyers representing the potential participants and we took into consideration all their comments and concerns. Ultimately there needs to be balance of considerations (including cultural safety and fairness) and different perspectives and no individual had all their requests met.

“While the AFL still has not been informed of the identities of the persons / families who have recalled their accounts as part of the Hawthorn Football Club review, or with the journalist who published those accounts, the independent panel will continue to work with the legal representatives each of the parties has retained.”

A woman at the centre of the Hawthorn racism claims has removed herself from the investigation. Pic: marquelawyers

A woman referred to as “Amy” by the ABC after Hawthorn’s external report was leaked in September, made troubling accusations against the football club, premiership-winning coach Alastair Clarkson and now-Brisbane Lions coach Chris Fagan.

The ABC reported Amy’s partner, referred to as “Ian”, was told to get rid of his unborn child and partner by figures at the football club. The footballer also told the ABC he was “manipulated” into changing his SIM card “so there was no further contact between my family and me”.

Clarkson, who now coaches North Melbourne, and Fagan have been cleared to resume work with their football clubs. They have repeatedly denied any wrongdoing.

The timing of the statement comes on the same day Clarkson begins his employment with North Melbourne.

Clarkson faced the media on his frst day of pre-season training on Wednesday morning reiterating his intention to strongly defend himself.

“What we do know is we always had the care of our players right at the highest priority of our football club,” he said.

“I’d be very, very surprised if weren’t able to put a strong case forward that these allegations have been reported in a different way to what we saw them when we were at the club.

“I really want to get through the investigation with the AFL.

“It has been a tough four or five weeks for all of us, and what we do know is that we always had the care of our players right at the highest priority of our football club.

“There is a lot more depth and history to what has transpired, but we will get a chance in the investigation to outline that.”

The statement released by Marque Lawyers also revealed the further trauma “Amy” has relived since the bombshell report first made headlines.

“Amy has had to work through the guilt she feels at having stayed silent back then; that perhaps, had she said something, she could have prevented it happening to others,” the legal team says in the statement.

“Although, as she says, “it’s a little hard to speak up when it feels like your voice box has been pulled out of your throat”.”

The statement says the investigation report “will be the property of the AFL”.

Former Hawks coach Alastair Clarkson. Photo by Albert Perez/AFL Photos/via Getty Images.

“The process which the AFL has determined to pursue is not independent of it,” the statement claims.

“While we cast no aspersions on the nominated investigation panel members, the entire process will be conducted under the control of the AFL and for the AFL’s purposes.

“If the AFL is genuinely concerned to unearth and expose the full depth of racist mistreatment of First Nations players and their families by one or more of its clubs, then it should engage an external body with appropriate expertise, operating completely independently of the AFL, to conduct a wide-ranging inquiry into the systemic racist abuses that the revelations regarding Hawthorn have exposed.

“Instead, the AFL’s own lawyers are assisting the investigationpanel and corresponding with parties on its behalf.”

The legal team claims it is a “huge insult” that the focus on the AFL investigation will be determining if the claims made against Hawthorn are true — rather than focus on how the alleged mistreatment occured under the AFL’s watch.

The Marque Lawyers statement also claims the investigation is being rushed.

The AFL last month announced the projected end date for the panel’s report is December 22.

AFL boss Gillon McLachlan said in September as the league began to establish what the investigation will look like that “everyone needs to feel safe telling their story”.

He told afl.com.au: “We will work as fast as we can as we try and manage competing interests, and make sure everyone feels that is fair, independent and safe.”

Marque Lawyers now say: “We express our deep concern for the First Nations players andtheir families who are involved in this process – one that might as well have been consciously designed to reproduce the abuse that it is meant to be addressing”.

News.com.au has reached out to the AFL for comment.

Originally published as Hawthorn accuser announces major action against AFL investigation