Nicky Winmar could help lead racism class action against AFL

St Kilda great Nicky Winmar could help lead a landmark class action against the AFL for allegedly failing to protect players from racial abuse on and off the field.

North Melbourne great Phil Krakouer is leading the class action that includes six other players, including his brother James Krakouer. The players were at AFL and VFL clubs between 1975 and 2022.

St Kilda great Nicky Winmar, and his famous stance after a game against Collingwood in 1993.Credit: Sebastian Costanzo.

Winmar, 59, is already involved in the class action, but has now offered to join Krakouer as a co-lead plaintiff.

While his name was not mentioned at a directions hearing before judge Andrew Keogh in the Supreme Court on Monday involving the players, the AFL and five AFL clubs, lawyer Michel Margalit, from Margalit Injury Lawyers who are representing the players, revealed Winmar could take a prominent role.

“Nicky Winmar has been a trailblazer throughout time. In 1993, when he stood up against racial vilification to today, he really stands to fight to eradicate racial vilification in the game and make the safer place for all football players to play,” Margalit said outside court.

“Winmar has suffered prolonged racial vilification in the workplace, and this certainly culminated in that famous moment that was photographed in 1993. He’s been left with the mental scars of that racial vilification in circumstances where he was unable to walk away, as he was in the workplace. So, he certainly brings considerable experience and … considerable injury from those experiences.”

Winmar was subjected to incidents of racial vilification through his career, most notably against Collingwood at Victoria Park in 1993 when he lifted his jumper and, facing the crowd, pointed to his skin. The photograph, taken by then Age photographer Wayne Ludbey, became an iconic image.

The AFL released a statement on Monday, recognising Winmar’s standing as an anti-racism trailblazer.

“Nicky Winmar is an icon of our game and his actions at Victoria Park remain iconic for his stand against racism and – along with the abuse of Michael Long – led to the AFL developing world sport’s first ever racial vilification policy in 1995,” the league said.

“We have long supported Nicky Winmar’s stance against racism.

“The game is better for what he has done on and off the field.

“Nicky always has a revered place in our game that is unquestioned. The AFL organised for a statue of his stance to be erected at Optus Stadium and ensured he was in Adelaide for Gather Round in 2023 so the game could publicly acknowledge the 30th anniversary of the stance he took to shine a spotlight on racism.

“The AFL respects and values Nicky and all people in our game.”

The league statement recognised past incidents of racism within Australian football, but vowed to contest the class action.

“We also fully acknowledge during our long history of the game there has been racism in Australian Football and that players have been marginalised, hurt or discriminated against because of their race, and for that we have apologised and continue to apologise and will continue to act to address that harm,” the league said.

“While Margalit Lawyers continue to regularly change their claim, we do not agree with its central view that the VFL/AFL has been conducted negligently over the past 47 years, and we will defend those claims.”

Winmar played 230 games for the Saints between 1987 and 1998, before finishing his career with the Western Bulldogs in 1999.

Lawyer Mark Costello, representing the AFL, questioned why Winmar should be allowed to join Krakouer as a lead plaintiff, arguing the case had not progressed in 18 months. He also said he doubted whether Winmar would take a more prominent role.

“We think it will transpire that that gentleman will not be joining as plaintiff,” Costello said.

He also said the AFL was concerned about the potential of “ongoing harm” for those mentioned in Krakouer’s statement of claim.

Margalit Injury Lawyers have secured class-action specialist Melanie Szydzik, SC, to help with the case. Szydzik said she was confident she would meet the April 24 deadline for when an amended statement of claim and revised pleading needed to be submitted.

Keogh said he understood the AFL’s frustration with the delay, but gave Szydzik the time needed to provide revised documents.

Five clubs – Geelong, Collingwood, Carlton, Essendon and North Melbourne – were represented in court by Philip Solomon, KC. Solomon argued Krakouer’s claims may not be relevant to all or some of the clubs. The clubs have initially been named because of alleged incidents on and/or off the field.

Jim and Phil Krakouer were stars for North Melbourne. Phil is the lead plaintiff in a class action against the AFL for damages due to the racism they endured during their careers.Credit: John O’Gready

The racism class action was lodged in March last year, involving historical claims made by the Krakouer brothers, who played for the Kangaroos between 1982 and 1989. In his statement of claim, Phil Krakouer has alleged he was the victim of verbal and physical abuse in the majority of the 141 games he played, particularly away games.

Four-time Essendon premiership coach Kevin Sheedy, who pioneered Dreamtime at the ’G, was named in the legal action, along with other Bombers and Blues premiership players. Sheedy last year strongly denied the allegations, describing them as “totally inaccurate” and “hurtful”. “My track record stands for itself in this regard,” he said.

The statement of claim lodged in court alleges former players Terry Daniher, Rod Austin, Billy Duckworth and Wayne Johnston were among those who targeted Phil Krakouer. The former players are yet to respond to the allegations, but the AFL’s defence to the class action is likely to address the allegations made against the individuals.

It is alleged Phil Krakouer was regularly called racist names and terms by opposition players and spectators, and was physically attacked by players who wanted him to respond so that he ceded a free kick. The claim also alleged that spectators threw beer cans at Phil Krakouer on multiple occasions and that, in April 1982, his brother was struck by a can thrown while his brother was being abused.

Margalit Injury Lawyers has been redrawing its statement of claim to see if it can include all clubs under Australia’s Racial Discrimination laws which came into force in 1975.

The class action is open to more than 1000 former VFL/AFL Indigenous players and their families.

Margalit Injury Lawyers are also the firm behind a concussion class action against the AFL.

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