Hawthorn racism investigation: Player’s partner slams AFL process, league responds

The AFL has responded after the partner of a Hawthorn player set to be involved in the club’s racism investigation released an explosive statement detailing her fears of the process.

Hawthorn is embroiled in an investigation into historic racism allegations.

The partner who claims she was pushed to terminate a pregnancy by key Hawthorn officials has refused to be part of the AFL’s independent investigation into historical claims of racism at the club, releasing an explosive statement slamming the entire process.

The woman, named “Amy” – who has had her name changed to protect her identity – is identified in the statement that was released by Marque Lawyers early on Wednesday morning as A Gunditjmara and Bunitj woman who alleges she is the victim of “appalling mistreatment by Hawthorn Football Club”.

She says that while senior coaches Alastair Clarkson and Chris Fagan have returned to their posts, for her, “it is not business as usual”.

She has labelled the AFL investigation as “unsafe” and says she is “refusing to consent to the silencing tactics of the AFL”, while also working through the “guilt” she feels having not spoken up at the time.

SCROLL DOWN TO SEE THE AFL’S FULL STATEMENT

Former Hawthorn senior coach Alastair Clarkson has denied all allegations. Picture: Matt Roberts/AFL Photos/via Getty Images

“It’s a little hard to speak up when it feels like your voice box has been pulled out of your throat,” Amy said.

“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.”

In the statement — authored by Marque Lawyers managing partner Michael Bradley and professor Chelsea Watego — lashes the AFL as “disingenuous” and claims that its declarations that the process will be independent are “a lie”.

The statement lashes the AFL as “disingenuous” and claims that its declarations that the process will be independent are “a lie”.

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

The AFL acknowledged the “pain, trauma and grief” detailed by “Amy”, but backed in its independent review of the serious allegations despite questions being raised about its impartiality.

The league said that the statement “reinforces how serious these allegations are”.

“(It reinforces) 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,” the league said in a statement on Wednesday evening. ”

“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.”

Clarkson, Fagan and former Hawthorn official Jason Burt – all of whom are named in the harrowing claims made in the Hawthorn cultural safety report that was laid bare in September – have denied all allegations levelled at them.

In walking away from the investigation, which was launched by the AFL in Grand Final week, Amy said she had raised significant concerns throughout and “asked for major changes” to the terms of reference that were released a fortnight ago, and that “several fundamental concerns were ignored”.

Long serving Hawthorn president Jeff Kennett. Michael Willson/AFL Photos via Getty Images)

It is understood that Amy is the second alleged victim to walk away from the AFL process.

In the statement, Marque Lawyers – headed by Michael Bradley – declared “it is not an independent investigation”.

“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,” the statement reads.

“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 investigation panel and corresponding with parties on its behalf.

“A lawyer was also appointed to represent the players and families, without their first being asked what they wanted or any consideration of the diversity of their interests. The investigation report will be the property of the AFL, which will decide when and how it is released.

“It continues the pattern of abuse it is supposedly addressing.

“The investigation won’t respond to the findings of the Hawthorn Cultural Safety Review but rather interrogate whether the incidents of abuse even took place, which is a huge insult to the many First Nations players and family members who were brave enough to come forward to share and relive the trauma they experienced.”

The revelation by ‘Amy’ challenges AFL CEO Gillon McLachlan’s earlier statement. Picture: Phil Hillyard

It also refutes league boss Gillon McLachlan’s statement that “this matter was brought to the

AFL by Hawthorn at the request of the families”

“This investigation has been imposed on the players and their families, placing pressure on them at a time of deep distress,” it said.

Amy declared “why would I ask the protectors of the perpetrators

who caused me all this trauma to then investigate the abuse?”.

The statement also said “the scene is set to discredit the findings of the

Hawthorn Cultural Safety Review and dismiss or downplay the testimonies of First Nations players and their families”.

“There is no safety in this; no regard to or respect for privacy, no cultural sensitivity, only brutal intrusion upon the most intimate and traumatic experiences in the lives of the victims of Hawthorn’s mistreatment,” the statement reads.

“The players and their families were promised anonymity by Hawthorn; now the club is asking them to consent to the disclosure of their personal information and doing nothing to protect them. It is clear that this investigation does not have as its focus a desire to remedy, or even be responsive to, the trauma that First Nations players and their families say they experienced.

“It is the bodies, minds and believability of First Nations players and their families that will be scrutinised and the same racialising logics that enabled Hawthorn to engage in inappropriate conduct will be enlisted in the very process designed to investigate it. First Nations people remain cast as the problem to be solved in this whole affair.

“We express our deep concern for the First Nations players and their 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.”

The AFL said it “can only investigate the matter under AFL Rules, as that is the only jurisdiction we have the ability to determine” and that the process would not preclude any person impacted “taking separate legal action or seeking redress in another forum or jurisdiction”. Lawyers acting on behalf of “Amy” had on Wednesday claimed that serious reservations surrounding the terms of reference that guide the investigation were not addressed, but the league said it was impossible to please everyone involved.

“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,” the AFL said. ”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.”