AFLPA calls for independent Hawthorn racism review investigation

Jeff Kennett says the experiences of First Nations players detailed in a report have been “heartbreaking to read” in his first letter to Hawthorn members since the scandal broke.

Hawthorn president Jeff Kennett has broken his silence on the club’s racism saga, declaring he was “horrified” by the contents of the club-commissioned report.

Kennett revealed the club had met with the AFL and legal counsel of the complainants on Thursday and called on all parties “to work towards a solution”.

The Herald Sun revealed the complainants have deep reservations surrounding being involved in an official investigation – which has been sparked by the AFL but will be conducted externally – after telling their harrowing stories twice already.

Kennett said “a solution must be found quickly” and the club would do everything it can to assist in the investigation.

SCROLL DOWN TO READ JEFF KENNETT’S STATEMENT IN FULL

“When the club received the final report, it would be an understatement to say we were horrified at the stories that three of our past players and their partners had recorded,” the president wrote in a letter to members on Thursday night.

“If the allegations were true, these individuals, and their families, have been subjected to some horrific and unacceptable behaviours.”

The review, conducted by Phil Egan, revealed allegations from players and their partners that claimed they had been subjected to “bullying and intimidation tactics … used to isolate First Nations players from their families and communities”.

It has also been alleged that players were separated from their partners and in one explosive account, that one player was told to terminate a pregnancy.

Jeff Kennett with Hawthorn coach Sam Mitchell.

AFL Players’ Association boss Paul Marsh said on Thursday he did not believe the AFL should be overseeing the appointment of the panel that will investigate the explosive claims.

Kennett said “the review was never meant to be forensic”, but sought to canvass past and present First Nations players about their experiences at the club.

He said the stories contained in the report – including allegations that figures central to the club at the time, including then-senior coach Alastair Clarkson, former football boss and now Brisbane senior coach Chris Fagan and ex-staffer Jason Burt had used “bullying and intimidation tactics” in dealing with players, all of which have been strongly denied – were “so heartbreaking to read”.

Each of Clarkson, Fagan and Burt have strongly denied the allegations levelled at them.

Kennett backed the opportunity for the accused to respond to the allegations in the upcoming investigation.

“Of course, our first concern is the welfare of the families who have made the claims and we are doing all we can to work with them,” he wrote.

“We are also concerned about the individuals and families who have been publicly named.

“All families are suffering for different reasons.

“A solution must be found quickly, and all parties should be prepared to work towards a solution, because not to do so will impact heavily on all involved.

“Those hurt by alleged past actions should have their right to natural justice served, and the club can continue to learn and grow in this important space.”

Jeff Kennett enjoys a win with Hawks young gun Connor Macdonald this year. l

Kennett, who has been overseas in recent weeks, said the club did not apologise for sparking the process to review its handling of First Nations players earlier this year.

“It is good practice to do so and will assist in our endeavours to provide a safe and nourishing environment for every member of our community,” he wrote.

“Hopefully all parties will see fit to work with the AFL inquiry to bring this matter to a conclusion. We at the club do not intend to provide a running commentary on this matter and will allow the AFL inquiry to do its work.

“That said, we will assist in any way we can.”

The AFL, complainants, AFL Coaches’ Association and AFL Players’ Association have been working in recent days to formulate the panel that will oversee the investigation, which is expected to be finalised in coming days.

Jeff Kennett’s full statement to Hawthorn members

Dear members,

When Hawthorn Football Club selects young men and women to join our playing lists, we do so because they have demonstrated that they have skills that will increase the club’s chances of being successful, or because we recognise potential talent and character that we think we can help them to develop to become premiership players for us.

We don’t select players based on race, colour or religion.

Once on our list they are all equally important to us, and we spend considerable time developing their football skills, encouraging them to undertake studies and gain skills for life after football. Over the journey we have had a number of First Nations players wear the brown and gold.

Chance Bateman was our first First Nations player to play 100 games for our club.

Shaun Burgoyne recently finished his career with us having played over 400 AFL games.

Lance Franklin has now kicked 1,000 goals with us and Sydney.

Cyril Rioli could turn on a sixpence and electrify us all.

As well as Mark Williams, Brad Hill and others who have all made an important impact over the years.

Today Jarman Impey, Chad Wingard, Tyler Brockman, Kaitlyn Ashmore and Janet Baird wear our colours.

Recently, we decided to conduct some work among our past and present First Nations players and staff to learn more about their experience at the club, and find out if they required any further support in their life after football.

We commissioned Phil Egan and his firm, Binmada, to talk to our past and present First Nations players and staff understanding that First Nations people would feel more comfortable telling their story to fellow First Nations people. We were also asked, and committed to, keeping the review, and any comments made by those interviewed, confidential. Importantly, many participated on that basis.

Hawthorn president Jeff Kennett.

When the club received the final report, it would be an understatement to say we were horrified at the stories that three of our past players and their partners had recorded. If the allegations were true, these individuals, and their families, have been subjected to some horrific and unacceptable behaviours.

The review was never meant to be forensic. We wanted to hear from our past and present First Nations players about their experiences at Hawthorn and their current wellbeing.

The Board met to consider the final review and, because of the severity of the contents, decided to inform senior officials at the AFL about the stories that were contained within the review. The Board further decided that the review had to be given to the AFL’s Integrity Unit, as is required under the club’s AFL license, and because it was a key recommendation of the review. We also believed that we as a club did not have the personnel or the skillset to take the matter further.

After submitting the review to the AFL, we were then informed that certain members of the families of those who told their story had also been interviewed by an ABC journalist.

Their story was then published by the ABC shortly after that.

The stories themselves are so heartbreaking to read.

We had just begun a process with the AFL to address the issues the three families had raised.

The ABC story, and the coverage since, publicly named a number of individuals who the three families had mentioned in their stories to Mr Egan and the ABC. This denied those named their ability to respond to those allegations in an appropriate and fair manner consistent with the AFL rules.

All of those named in the ABC story have stood down from their position until a resolution has been determined.

The AFL, given the claims made and the failure of procedural fairness to others, has moved to establish an inquiry of four people to examine the claims in order to ultimately establish the truth. The details of the form, shape and personnel who will head the inquiry will be released by the AFL in the next few days.

Last night the club requested to meet with the AFL and its Counsel, and that meeting took place today.

Of course, our first concern is the welfare of the families who have made the claims and we are doing all we can to work with them. We are also concerned about the individuals and families who have been publicly named.

All families are suffering for different reasons.

A solution must be found quickly, and all parties should be prepared to work towards a solution, because not to do so will impact heavily on all involved.

Those hurt by alleged past actions should have their right to natural justice served, and the club can continue to learn and grow in this important space.

As a club, we do not apologise for asking our past and present First Nations players and staff about their past and present experiences. It is good practice to do so and will assist in our endeavours to provide a safe and nourishing environment for every member of our community.

Hopefully all parties will see fit to work with the AFL inquiry to bring this matter to a conclusion. We at the club do not intend to provide a running commentary on this matter and will allow the AFL inquiry to do its work.

That said, we will assist in any way we can.

Stay strong Hawkers.

AFLPA CALLS FOR INDEPENDENT RACISM INVESTIGATION

AFL Players’ Association boss Paul Marsh says the league should not be overseeing the appointment of the panel that will investigate explosive claims in the Hawthorn racism review.

Marsh accused the league of being “conflicted” in its handling of the Hawthorn report investigation, and called for “the right process” to be implemented to ensure stability and fairness for all.

The AFL announced in the wake of the harrowing allegations by former First Nations players and partners levelled at ex-Hawks key figures including then-senior coach Alastair Clarkson and former football boss Chris Fagan, among others, that it would seek to appoint a four-person external panel to lead the investigation by the end of last week.

That panel still has not been appointed with the league canvassing all parties involved before it is settled upon, and its number of seats could also be expanded.

But Marsh declared on Thursday that “this is not a tribunal hearing” and that he does not believe the AFL’s proposal can be effective.

“The players have got external counsel, which is entirely appropriate and supported by us,” he said.

Alastair Clarkson and Chris Fagan. Picture: AFL Media

“What we and the players want here is that it’s an independent, robust process.

“I don’t believe the AFL’s proposal here can work. It’s something that sits outside the industry.

“The AFL is conflicted on this issue.

“We owe it to the people and the industry to put it through the right process.

“We need to get the right process in place and let it play out.”

Clarkson, Fagan and fellow Hawks staffer Jason Burt – who is also named in the report’s testimonies from players and their partners – have enlisted top legal brass, including King’s Counsels, in their staunch defence of all allegations.

All three have called on Hawthorn and the AFL to provide them with copies of the report but that has not occurred, given the Hawks commissioned the report earlier this year and testimonies provided on the basis of confidentiality.

Each of Clarkson, Fagan and Burt have strongly denied the allegations levelled at them.

Former Hawthorn president Andrew Newbold has taken leave from his current role as an AFL commission member amid the investigation at hand.

Marsh said there are “complex” issues that needed to be considered.

“(What it actually should look like) is what’s being discussed at the moment,” he said.

“This is not a tribunal hearing. This is actually something where there are people within the industry, including an AFL commissioner, who there are accusations about.

AFLPA boss Paul Marsh. Picture: AAP Images

“So I don’t know how the AFL sits in judgment on something like this. I think there are other issues around the process of can they compel people to be involved in the investigation, are they under oath … all that other stuff needs to be sorted out.

“The key message, really, is we need the right process here. Everyone should want that.”

Marsh said the wholly external process did not necessarily need to be in a courtroom.

“I’m just saying we need a proper process here that every party can actually trust and that there’s no conflicts,” he said.

“I think if you can’t compel people to be a part of it and that they can come in and give evidence under oath and cross-examine, and that sort of stuff, how are we going to get an outcome?.”

The AFLPA is also in the process of initiating a whistleblower service for players and family members to access confidentially.

It also supports every club conducting a review into their respective handling of First Nations players, with Marsh saying “the industry absolutely needs to do a really thorough review”.