Hawthorn racism scandal: Hawks offer to mediate with Indigenous families

The Hawthorn racism probe has taken a sudden new direction as the league scrambles to lock in how its four-person investigative panel will operate.

Alastair Clarkson and Chris Fagan during a Hawthorn training session in 1014.

The Hawthorn racism probe has taken a new twist with lawyers for the Hawks offering to mediate with the Indigenous players and families caught up in the saga – a move that could pave the way for public apologies and financial payouts.

A lawyer for the Hawks made the offer on Thursday — nine days after the AFL announced the make-up of a four-person panel to investigate disturbing allegations of racism at the club.

The families have been told that the mediation could take place instead of or in addition to the AFL process.

Hawthorn has engaged top law firm Piper Alderman.

Gillon McLachlan is still hopeful that aggrieved Hawthorn families will engage with the AFL’s independent review.

It is believed not all of the families who told their stories as part of the Hawthorn racism review have agreed to take part in the AFL investigation.

The families and former players cannot be compelled to participate, unlike former Hawthorn coach Alastair Clarkson and now Brisbane Lions coach Fagan, who are bound by league rules.

Mediation between Hawthorn and the families could result in apologies and compensation, outcomes recommended in the report authored by former Richmond indigenous player Phil Egan.

Alastair Clarkson and Chris Fagan during their time together at Hawthorn.

But even if the issues are successfully resolved it is expected that the AFL would be obligated to continue to investigate the allegations that have been made against Hawthorn.

The AFL is aware of Hawthorn’s approach to the families.

Clarkson, Fagan and former Hawthorn football staffer Jason Burt have all said they will participate in the AFL’s investigation.

The terms of reference for how the AFL probe will be conducted are yet to be agreed upon.

The investigation will specifically focus on a time period spanning from January 1, 2008 until December 31, 2016.

The probe will focus on the period between 2008 and 2016.

WorkSafe Victoria has also launched a probe into the Hawthorn allegations.

Clarkson, who signed a massive five-year deal to coach North Melbourne in August, has engaged King’s Counsel and former County Court judge Julie Condon and John Tuck and Paul Burns from Corrs Chambers Westgarth as his legal representatives.

Fagan has enlisted Clayton Utz lawyers and barristers Liam Kelly KC and David Turner.

The AFL has retained former Western Bulldogs president and leading lawyer Peter Gordon.

The league’s four-person investigative panel will be headed by Bernard Quin KC and includes barristers Jacqualyn Turfrey, Tim Goodwin and Julie Buxton.

Clarkson and Fagan stood down from their duties at North Melbourne and Brisbane after the racism allegations first surfaced in Grand Final week.

League commissioner Andrew Newbold, Hawthorn’s president at the time of the allegations, has also stepped aside.