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Hawthorn board opted not to play a part in ‘imperfect resolution’ to racism investigation

The Hawthorn board rejected a request to contribute a financial component into an Indigenous programs fund, as the legal costs of the saga are revealed.

AFL Hawthorn racism investigation ends

The Hawthorn board rejected a request to contribute a financial component as part of a resolution to footy’s racism saga.

As recently as Friday night, a deal was in train that would have seen the Hawks pay a “substantial sum” into an Indigenous programs fund.

But Hawthorn opted not to play a part in the “imperfect resolution” to the eight-month probe unveiled by league boss Gillon McLachlan on Tuesday night.

The Hawks board said no because of concerns it could open the way for legal action from all affected parties.

McLachlan was determined to resolve the racism issue and wind up the AFL’s independent investigation panel before jetting out for a celebrity wedding in Europe this weekend.

The league boss did not rule out the possibility of heavy sanctions being slapped on Hawthorn when announcing a conclusion to the investigation.

A support person for one of the families involved said increased pressure was applied on Monday to play ball with the AFL.

An estimated $2 million has been spent by all parties on legal fees since the saga erupted in Grand Final week last year.

Alastair Clarkson and Chris Fagan. (Photo: Michael Willson/AFL Media)
Alastair Clarkson and Chris Fagan. (Photo: Michael Willson/AFL Media)

The author of the Hawks racism report, Phil Egan, “categorically” denied being the source of the leak to the ABC.

Egan told Channel 7 it defied logic how the AFL’s independent investigation had finished with “no findings at all”.

“It sort of asks the question – what did they do for the eight months?” Egan said.

It comes as the lawyer for four of the families confirmed his clients will take their case to the Human Rights Commission.

Leon Zwier, who has acted for the families from the outset, told the Herald Sun: ‘’Our clients are committed to running the human rights Commission claim against the Hawthorn Football Club, Alastair Clarkson, Chris Fagan and Jason Burt.

Zwier will have further meetings with the families before a date is set to launch proceedings.

The AFL on Tuesday acknowledged the ‘’hurt pain and anguish’’ suffered by the families when they were at Hawthorn.

It can be revealed neither the families nor Clarkson, Fagan or Burt spoke to the AFL’s independent investigation, written testimony from the families was delivered to the panel.

Despite assurances from the AFL that the report produced by the independent panel would be made public as a matter of transparency, the panel’s work remains incomplete and no report will be produced “based on the information they have been provided to date”.

Leon Zwier says his clients will take their case to the Human Rights Commission.
Leon Zwier says his clients will take their case to the Human Rights Commission.

All three men have maintained their innocence throughout the saga.

The deal’s summation that “no adverse findings” were discovered against the trio was the result of no findings being reached either way before the matter was resolved between the parties.

In order to make a finding, the panel – which was still gathering evidence as of Tuesday – would have required all evidence to be considered.

A source close to the proceedings described the final few weeks as “messy”, with the families involved now set to take their case to the Australian Human Rights Commission in the wake of the deal McLachlan described as an “imperfect resolution”.

Lawyers representing Amy* – the partner of a First Nations player who alleges she was pressured by club figures to have an abortion – wrote on Wednesday that “the more accurate statement would be that no findings have been made at all”.

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Original URL: https://www.heraldsun.com.au/sport/afl/first-nations-families-in-hawks-racism-saga-will-take-their-case-to-the-human-rights-commission/news-story/1fadab681b04922f0692b3c6cf7ceceb