Hawthorn racism investigation: AFL changes course in investigation as four families agree to take part in mediation

The AFL’s eight-month independent investigation into Hawthorn takes a new twist as a legal heavyweight is brought in to help review the evidence.

Alastair Clarkson and Chris Fagan.

First Nations players and their partners at the centre of the Hawthorn racism scandal are planning to attend a mediation session in Adelaide next week.

But the league’s eight-month independent investigation in its current format is effectively over as the AFL looks at a new option to resolve the long-running saga.

Retired federal court judge John Middleton has been drafted in by the AFL and will play a role in an assessment of the case and is expected to review the evidence.

It now looks possible Alastair Clarkson, Chris Fagan and Jason Burt could dodge any serious sanctions over the allegations put to the independent panel.

But before the league considers potential sanctions the Herald Sun understands it will seek to mediate an outcome to get a successful resolution for all parties.

After a series of phone calls on Friday, the families determined they would speak with barrister, Kate Eastman SC, and former Aboriginal and Torres Strait Islander social justice commissioner Mick Gooda, the co-mediators appointed by the AFL independent investigators.

It’s unlikely coaches Alastair Clarkson and Chris Fagan, and former Hawthorn staffer Jason Burt will attend, although the families want them there as part of their ‘’truth telling’’.

Among the experiences likely to be alleged is a claim one family was split up by Hawks officials.

The author of the initial Hawks report, Phil Egan, and former Richmond player, Michael Mitchell, who is a liaison person for the families, are expected to be present in Adelaide but will not speak to the mediators.

Alastair Clarkson and Chris Fagan before their teams clashed in round 5 this year.

Clarkson and Fagan meanwhile are having dialogue with the AFL.

Their manager James Henderson told the Herald Sun on Thursday night: “We are continuing to co-operate and engage constructively with the AFL.’’

Hawthorn has in recent days handed over another 37,000 pieces of evidence to the AFL’s independent inquiry, which now has all evidence apart from testimony from Clarkson, Burt and Fagan.

It means Middleton will be able to assess the evidence.

AFL boss Gillon McLachlan is also talking to the key players in an effort to find a solution to the ongoing dispute.

Meanwhile, former Hawks president Jeff Kennett said on Friday the club wasn’t responsible for any damage caused to the reputations of Clarkson, Fagan and Jason Burt and defended the club’s handling of its investigation into allegations of racism towards First Nations players.

Kennett also took aim at the leaking of the report to the ABC that denied Clarkson, Fagan and Burt “natural justice” because the allegations were untested and the only way the issue could be resolved was by going to court.

The Hawks have been questioned about why it did not present the claims to the coaches before handing Egan’s report to AFL integrity.

Clarkson and Fagan are unlikely to attend next week’s mediation.

A day after Clarkson stepped down as coach of North Melbourne for his mental and physical wellbeing, Kennett said: “It was the leaking of the report that has denied these people.

“Once it went public, it was a firestorm and the AFL decided to put a four-man committee in place. With due respect a four-person committee without any legal powers … it was never ever going to be able to resolve the issue or give the three what I call natural justice.”

Clarkson, Fagan and Burt have strongly denied all allegations.

Kennett said the only way it could be resolved was by going to the courts.

“If the Indigenous families wish to lay a claim against anyone, do it in the courts where justice can prevail and if they don‘t want to do it then the whole thing drops to one side.

“The only place where this can be resolved is either not through mediation, but through legal action and the people making the complaints need to be prepared to take that action.”

Kennett said the Hawks process had been correctly handled”.

“We are as hurt and I am as hurt as the three accused because this is a good club, and it did the right thing,” he said.