Hawthorn racism scandal: Jeff Kennett hits back at AFL CEO Gill McLachlan’s suggestion the Hawks could be punished

As the AFL terminated the independent investigation without laying charges against Alastair Clarkson, Chris Fagan or Jason Burt the league also dropped a potential bomb on the Hawks.

Hawthorn could be stripped of draft picks and fined over its handling of its racism investigation with the AFL weighing up whether to charge the club for bringing the game into disrepute.

As the AFL terminated the independent investigation without laying charges against Alastair Clarkson, Chris Fagan or Jason Burt the league also dropped a potential bomb on the Hawks.

AFL chief executive Gillon McLachlan said the club’s failure to give Clarkson, Fagan and Burt a right of reply would form the basis of a potential charge.

“The process whereby allegations were aired without anybody having the ability to respond to them has provided an environment where there has been many parties – complainants and the defendants – put in a hugely vulnerable situation, and it’s had an impact across the industry for all First Nations people and others,” McLachlan said.

“I think that’s something that needs to be contemplated.”

Jeff Kennett and Alastair Clarkson in 2021. Picture: Michael Willson/AFL Photos

The loss of draft picks would be disastrous for Hawthorn’s rebuild under coach Sam Mitchell, with the club’s first pick currently No.3.

Former Hawthorn president Jeff Kennett declared there was no basis for the Hawks to be punished by the AFL for undertaking its cultural review.

On Wednesday morning Kennett wrote to all AFL Commissioners. He has offered to make himself available to plead for Hawthorn’s innocence and has asked for a swift resolution.

“I am profoundly disappointed at the comments by the AFL CEO tonight that they are contemplating taking action against the Hawthorn Football Club,” Kennett told the Herald Sun on Tuesday night.

“What Hawthorn did in trying to establish whether racial discrimination was widespread in the club was absolutely the correct thing to do.”

Kennett said the club was not responsible for the devastating leak of the report to the ABC in Grand Final week last year.

“That was the trigger that caused the firestorm and the attack on the reputations of the three who stood accused,” he said.

McLachlan said the decision whether to charge Hawthorn would be made by the AFL’s “general counsel (Stephen Meade) and or the Commission”.

AFL CEO Gillon McLachlan spoke to the media on Tuesday night. Picture: Darrian Traynor/Getty Images

Under rule 1.6 the Hawks could be charged with engaging in conduct that is “unbecoming or likely to prejudice the interests or reputation of the Australian Football League or to bring the game of football into disrepute”.

In 2013 the AFL kicked Essendon out of finals, fined the club $2 million and stripped the club of early draft picks in the next two drafts under that rule.

The Binmada review was commissioned by the Hawks board in April last year after favourite son Cyril Rioli and wife Shannyn made claims of racial incidents at the club.

“Gillon McLachlan can’t have his cake and eat it,” Kennett said.

“He can’t on the one hand say it was wrong to find out whether the allegations of the Riolis were widespread or not - and then on finding that there was no substance against any of the three Hawthorn officials - he can’t then say that the club has done anything but the right thing in the interests of a safe workplace.

“We did what any employer would do when something is brought to their attention. We tried to find out whether it was widespread or just isolated. We got the stories, a number of startling, disappointing responses - they have now been investigated and (it was) found that those stories had no substance.”

Kennett said he “trusted” that the current Hawthorn board would have “the courage to actually defend the actions it has taken” and will “argue the case very strongly”.