Most damaging Hawthorn racism allegations might not be heard in AFL’s independent investigation

It has emerged some of the most damaging racism allegations levelled at Hawthorn might not be heard by the league’s independent investigation.

Picture: Michael Klein

Hawthorn’s treatment of its First Nations families has been branded a “form of apartheid” as it emerged the most damaging allegations against Alastair Clarkson might not be heard by the league’s independent investigation.

Report author Phil Egan’s adviser Peter Jess on Friday said the alleged segregation of First Nations players from their partners could not be ignored despite what he says is a “strangulation by lawyers’’ of the process.

“We allowed a football club to participate in what looks like a form of sporting apartheid,’’ Jess said

“The definition of apartheid is you segregate people and strip them of their civil rights. That’s what (allegedly) happened.

“That’s what we need to focus on: What were the processes which failed our system and how can we prevent it from happening again?

“It’s shameful.

“Haven’t we got a right to be angry about the fact we are not addressing the core issue.’’

The AFL’s independent investigation into alleged mistreatment of First Nations families has received written submissions from former players and their partners, including four-time premiership star Cyril Rioli.

The most damaging allegations against Hawthorn may not be heard by the league’s independent investigation. Picture: Quinn Rooney/Getty Images

But the Herald Sun can reveal Hawthorn’s cultural safety report into the claims between 2008 to 2016 will not be used by the four-person investigation led by KC Bernard Quinn.

Hawthorn made clear to participants of its review they would sign nondisclosure agreements.

It means the official report — which the Herald Sun revealed — will not be part of the review.

“The process is being strangled by lawyers,’’ Jess said. “This started out as a truth-telling exercise and now it’s mired by legal obscuration.

“The overriding guidance principle to eliminate racism from our sport is to listen to stories from the past and learn from them and make sure they are not repeated.’’

It is a significant development because the report included damning allegations by Amy (not her real name), who claimed Clarkson had told her partner she must terminate their child.

Amy* refused the request despite being forcibly separated from her partner and ultimately gave birth to the child, but after they reconnected she fell pregnant again the next year.

She terminated the unborn child because of her fears at the club’s negative reaction.

Amy* revealed in November she would not testify to the independent inquiry, with her lawyer stating she was “refusing to consent to the silencing tactics of the AFL”.

Because her story – and the report – cannot be tabled with investigators, it will make it harder to prove the most damning allegations.

It is understood neither Clarkson or Chris Fagan have yet to be interviewed by investigators.

Clarkson and Fagan have both denied any wrongdoing.

A report that was to be finished by December now looks likely to be tabled by March at the earliest.

Written submissions have been tabled by First Nations families into their treatment, with submissions by some players understood to be supportive of Fagan and Clarkson.

As part of that due process lawyers for the coaches are believed to have been able to access those submissions ahead of their potential interviews.