Hawthorn racism report: Author Phil Egan unlikely to be part of AFL’s independent investigation

Given the strict parameters of his potential appearance and potential for legal action, the author of the Hawthorn report into past racism is not expected to take part in the inquiry.

Gillon McLachlan. Picture: Martin Keep/AFL Photos/AFL Photos via Getty Images

The author of the sensational Hawthorn report into past racism at the club is unlikely to appear as part of the AFL’s independent investigation due to a non-disclosure agreement with the Hawks.

Former AFL footballer Phil Egan signed a non-disclosure agreement with Hawthorn as part of his authorship of the report, which saw him interviewing First Nations families who revealed a series of sensational allegations against Hawthorn staffers.

His adviser Peter Jess said on Tuesday Egan believes he has been silenced given the potential legal issues if he appears.

Hawthorn has made clear he cannot pass on any of the information from within those interviews given the families signed non-disclosure agreements as part of what was initially a welfare check into Indigenous families.

They have told Egan they are happy for him to appear at the inquiry to answer questions about the report’s formation and process of interviewing players and families.

Given the strict parameters of his potential appearance and potential for legal action he is unlikely to appear.

Phil Egan (right) and Michael Long in 2008.

The AFL had hoped the investigation led by Bernard Quinn KC might be wrapped up by Christmas but it now seems likely to drag on well into the year.

Hawthorn’s legal advice is that it can not allow Egan to disclose information from interviews which were given with strict privacy accompanied by non-disclosure agreements.

Most of the families who made allegations are being interviewed by the independent panel, so their allegations will be passed on.

But the partner of one of the Hawthorn players at the heart of the allegations, Amy*, said in November she would not speak to the AFL about the investigation.

It was Amy* (not her real name) who alleges people at Hawthorn urged her partner to leave her and tell her to have an abortion.

Egan’s lawyers had asked the AFL to indemnify him against any potential charges —protecting him from any legal liability — but the league has declined.

Given the vast potential for legal action from both sides of the issue the league was never likely to be in a position to indemnify Egan.

But given some of the First Nations families involved have refused to speak to the investigators Egan’s testimony would have been critical.

AFL chief executive Gillon McLachlan has agreed to remain at the helm of the AFL until April to land the results of the inquiry but it is not clear when it will be completed.

McLachlan said on Tuesday he hoped it might be returned in the next month, saying “I think obviously time is important and hopefully we get something back in February” but that seems an optimistic prediction.

Gillon McLachlan hopes it will be returned in the next month. Picture: Martin Keep/AFL Photos/AFL Photos via Getty Images

Egan’s adviser Peter Jess told the Herald Sun on Tuesday it seemed unlikely Egan would be part of the league’s independent inquiry.

“As it stands Phil and his company Binmada have signed a non-disclosure agreement with Hawthorn not to talk about or discuss in any way, shape or form the contents of the report.

“It is still in place and for him to talk to the AFL he must be released from that. He has also asked if the AFL would indemnify him from any costs that flow from him talking about his report and the AFL have refused,” he said.

“It is clear the report will be fatally flawed without him. It requires the person who is the producer to be part of the report to be part of this. Not to do so makes it incomplete.”

Amy said the AFL lacked independence and in a statement said “the AFL does not have the appropriate appetite, expertise or strategy to effectively address the matters raised in the Hawthorn Cultural Safety Review”.

But a group of families who made allegations have committed to speaking to investigators after the league committed to further cultural reviews of AFL practices.

Originally published as Hawthorn racism report: Author Phil Egan unlikely to be part of AFL’s independent investigation