Lawyers for North, Brisbane coaches angry at AFL process in Hawks racism probe

A fight is brewing between the AFL and the coaches at the centre of the racism allegations at Hawthorn, as concerns mount over how the probe will be conducted.

North Melbourne coach Alastair Clarkson is at the centre of racism allegations at his former club Hawthorn. Picture: Getty Images

Exclusive: The AFL has insisted senior coaches Alastair Clarkson and Chris Fagan will be given “a fair hearing” amid growing concerns over how its probe into explosive racism allegations at Hawthorn will be conducted.

Lawyers for the North Melbourne and Brisbane coaches reacted angrily when they were presented with the first draft of the terms of reference for the investigation late last week.

There were serious concerns from Clarkson’s camp that the four-time premiership coach would be denied natural justice.

Clarkson has been frustrated with the process and has been considering a bid to start work as Kangaroos coach as planned on November 1.

Fagan was also looking at abandoning his self-imposed exile from Brisbane as early as next week.

Lawyers for Clarkson and Fagan, who vehemently deny all allegations against them, have pushed back against the league’s proposed process.

They believed the Bernard Quinn, KC, led process would involve forced apologies and the payment of compensation to their accusers.

But the AFL insisted on Friday that its process would be fair and that natural justice – a legal term that means a process was fair to all parties – would be respected.

“It is an absolute priority for the AFL that all participants in the process receive a fair hearing and natural justice and the AFL continues to work with all parties on the final Terms of Reference document that will form the foundation of the independent investigation,” the league said in a statement.

“All participants have provided feedback to the initial draft of the Terms of Reference document and we are pleased that all are still talking to us in a constructive way.”

Former Hawthorn coaches Alastair Clarkson and Chris Fagan have denied claims against them. Picture: Michael Willson/AFL Media

The AFL added that it had not been advised that Clarkson was planning to start work in November as scheduled.

“As they separately communicated in late September, Chris Fagan has taken a leave of absence from the Brisbane Lions in order to fully co-operate with the independent investigation and Alistair Clarkson was due to commence work with North Melbourne on November 1 however has said he would delay the start of his tenure to allow time to fully participate in the investigation,” the league said.

It comes as North Melbourne president Dr Sonja Hood said on Friday that the Kangaroos had been “damaged” by the probe into accusations against Clarkson.

“As we await further details on the process, we are taking an active role in liaising with the AFL and our incoming coach Alastair Clarkson on the details of his commencement with the club,” she wrote in a letter to members.

“Although we can’t comment on the allegations or the AFL’s process, it’s important to note that the way events have unfolded over the past fortnight has created damage for our club and our people – our players (Indigenous and non-Indigenous), our staff, our members, and of course Alastair himself.”

North Melbourne president Dr Sonja Hood faced the media at Arden Street with Alastair Clarkson in August. Picture: Michael Klein

Top lawyer Peter Gordon has been engaged by the AFL to work on the investigation.

His team sent detailed terms of reference late last week, which prompted a blistering response from lawyers for Clarkson and Fagan.

The AFL has since redrafted the terms of reference, but they were not finalised by Friday afternoon.

The league was still planning to complete the investigation by December.

The AFL sought feedback from the pair after a four-person panel was appointed to investigate racism claims at Hawthorn.

The claims included Indigenous players were isolated from their families, told where to live and that Clarkson told one player to get his partner to have an abortion.

Clarkson has strenuously denied that claim.

It comes after the Herald Sun revealed on Thursday that Hawthorn had offered the Indigenous families at the centre of the scandal a chance for mediation.

The club process could include apologies and compensation payments separate to the AFL probe.

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