Shane Tuck inquiry: Lawyers for ex-Tiger’s widow formally request state coroner to recuse himself from case

Lawyers for Shane Tuck’s widow have lodged a formal application, requesting the state coroner to recuse himself from the inquest into the former Tiger’s death.

The lawyer representing Shane Tuck’s widow has officially requested that the state coroner remove himself from the ex-footballer’s inquest due to an alleged conflict of interest.

Greg Griffin, who is acting for Katherine Tuck, has formally applied for Judge John Cain to recuse himself from the case, raising concerns because of his previous positions as managing partner of law firms acting for AFL clubs Collingwood and Hawthorn.

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The coroner’s court confirmed to News Corp the submission this week.

“On 16 December, the Court received a formal application for Judge Cain to recuse himself from the investigation into the death of Shane Tuck,” it said in a statement.

“The application has been circulated to interested parties for their responses.

“Once received, His Honour will review all submissions and make a determination.”

Lawyers for Shane Tuck’s widow have requested the state coroner remove himself from the inquest into the former Tiger’s death.

If Cain was to stand aside, the inquest would be seeking a third coroner.

The AFL succeeded in March to have the case’s original coroner, Simon McGregor, step down from the probe because his brother, Matt, an AFL Players’ Association staff member, had referred Tuck to psychological services.

Tuck took his own life in July last year, aged 38.

He was later diagnosed with Stage III chronic traumatic encephalopathy (CTE), a degenerative brain disease linked to repeated head knocks.

In October, Griffin submitted that Mrs Tuck was seriously considering withdrawing from the inquest after Judge Cain indicated his probe would not seek to delve deeply into how the AFL and its clubs had managed concussions in the past.

Tuck suffered numerous head knocks throughout his career.

Griffin wants the inquest to review all of Tuck’s head knocks and concussions from his nine years at Richmond, along with the league’s history of handling similar injuries.

During a directions hearing in March, before being replaced by Judge Cain, Mr McGregor indicated the AFL’s concussion rules would likely be scrutinised as part of his probe.

“In this investigation that I have before me, this is a player, Shane Tuck, who played in the modern era under the protection of the policies that were around,’’ Mr McGregor said.

“My preliminary view is that the research that has actually been produced to me certainly shows this correlation between a genuine risk of profound lifetime injury in a profit-motivated workplace featuring a high turnover of young people and therefore a long aftermath trail for any consequences.

“But this is just the beginning of an investigation.”

Shane Tuck with his father, Hawthorn great Michael Tuck.

Tuck – the son of AFL Hall of Famer and Hawthorn champion Michael Tuck – played 173 games for Richmond from 2004-13.

He later lined up for SA amateur club Goodwood Saints and turned to boxing.

Tuck is one of four ex-AFL players to have been diagnosed with CTE, along with Graham ‘Polly’ Farmer, Danny Frawley and Murray Weideman.

The AFL has strengthened its concussion protocols in recent seasons, bringing in a 12-day mandatory time out of the game before Round 1 this year.

This week, it released stricter match-review guidelines for incidents of headhigh contact.

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NOVEMBER: Calls for Coroner to stand down from Tuck death probe

—Michael Warner

The investigation into the death of Richmond hardman Shane Tuck has taken another dramatic twist after calls for the State Coroner to recuse himself from the case over an alleged conflict of interest.

Lawyers for Tuck’s widow have written to Victorian Coroner Judge John Cain raising concerns about his previous positions as the managing partner of law firms that acted for AFL clubs Collingwood and Hawthorn.

They argue that the perception of a conflict means Judge Cain should no longer oversee the inquiry.

It comes eight months after the AFL succeeded in having the case’s original coroner, Simon McGregor, step down from the Tuck probe because his brother acted as a psychologist for the AFL Players’ Association.

Katherine Tuck’s lawyer, Greg Griffin, is now arguing that Judge Cain’s previous links to the Pies and Hawks should require him to also consider stepping down.

Tuck took his own life in July last year and was later diagnosed with Stage III CTE, the devastating degenerative brain disease linked to repeated head knocks.

Griffin told News Corp on Monday: “I can confirm that I have written to the coroner inviting him to recuse himself from the Shane Tuck coronial investigation”.

A spokesperson for the Coroner’s Court said: “The Court has not received an application for the coroner to recuse himself from the investigation into the death of Shane Tuck.

“An interested party in the matter has written to the Court regarding His Honour’s participation in the investigation.

“His Honour will review the correspondence in due course.”

Griffin submitted last month that Mrs Tuck was seriously considering withdrawing from the inquest because Judge Cain had indicated that his probe would not seek to delve deeply into how the AFL and its clubs have managed concussions in the past.

Judge Cain said it wasn’t his role to “embark on an exercise that involves me apportioning blame”.

During a directions hearing in March – before being replaced by Judge Cain – Mr McGregor indicated that the AFL’s concussion rules would likely be scrutinised as part of his coronial investigation.

“In this investigation that I have before me this is a player, Shane Tuck, who played in the modern era under the protection of the policies that were around,’’ he said.

“My preliminary view is that the research that has actually been produced to me certainly shows this correlation between a genuine risk of profound lifetime injury in a profit-motivated workplace featuring a high turnover of young people and therefore a long aftermath trail for any consequences.

“But this is just the beginning of an investigation.”