By Jon Pierik
Four-time premiership coach Alastair Clarkson claims a resolution to the Hawthorn racism case has been hindered by lawyers, declaring the families at the centre of the complaints were ready to settle.
Three former Hawks players, headed by club great Cyril Rioli, lodged a statement of claim on Monday detailing their alleged experiences as part of their racism court action against the club.
Alastair Clarkson at North Melbourne training this week.Credit: Getty Images
Clarkson, now the North Melbourne coach, fronted the media at Arden Street on Thursday, days after the statement of claim, which also includes Rioli’s wife, Shannyn Ah Sam-Rioli, his ex-teammates Carl Peterson and Jermaine Miller-Lewis, and Indigenous former official Leon Egan and the partner of another former player, was lodged in the Federal Court alleging the players suffered “distress”, “psychological harm” and “personal harm”.
In the case of the three players, it is also claimed that they suffered a “loss of earnings and loss of earning capacity”.
Clarkson said it had been “unfortunate” all parties had been unable to reach a resolution through an independent AFL investigation and in a hearing before the Australian Human Rights Commission. He said he looks forward to again being able to add context to the allegations.
“We’ve had small opportunities to participate in the Human Rights Commission. It was a really, really productive couple of days and, unfortunately, if it was probably left to the ones that are directly involved, it would have been resolved, but then the legal eagles get involved,” Clarkson said.
“We are hoping there will be a resolution at some point in time and some context put to it all.”
Asked directly if the families who had made the complaints had wanted the case resolved, but their lawyers suggested they shouldn’t, Clarkson replied: “I think there was terrific goodwill from all parties in the Human Rights Commission, and then it goes beyond that and becomes more of a legal stoush. We will, hopefully, find more of a resolution elsewhere.”
Legal counsel acting for the families, Leon Zwier, declined to comment publicly on Thursday when asked about Clarkson’s comments.
Cyril Rioli and his wife, Shannyn Ah Sam-Rioli.
The Hawks were also asked to comment on how their lawyers had handled the matter. Hawthorn president Andy Gowers said the club was working towards a resolution.
“As we have done throughout this process, we will continue to work towards a resolution in a fair and timely manner for all parties,” Gowers said in a statement.
“The Federal Court process will importantly give Hawthorn Football Club the opportunity to respond to these allegations. Given the matter is now before the courts, it would be inappropriate to make any kind of comment that could impact on that process.”
Clarkson, current Brisbane Lions coach and former Hawthorn football boss Chris Fagan, and former Hawthorn staffer Jason Burt have all vehemently denied any wrongdoing and rejected accusations of racism at the Hawks between 2008 and 2015.
“The people that know us well, and certainly Jason and Chris, I know those guys really well and trust them with my life, we are just searching for the platform,” Clarkson said.
“We have an investigation, Judge Middleton came in and did his findings in the AFL internal investigation. The Human Rights Commission haven’t been able to find where we need to go with it. The opportunity might come in the Federal Court.”
Two separate reports by Justice John Middleton and Gordon Legal suggested there was “no basis whatsoever” that a subculture of racism had existed at Hawthorn.
Premiership years: Alastair Clarkson and Chris Fagan when they were with the Hawks in 2015.Credit: AFL Photos
The reports prompted the AFL Commission to terminate a four-person independent panel which was investigating the complaints.
In the 89-page statement of claim lodged in the Federal Court, it is alleged that Clarkson, in the presence of Fagan and Burt, encouraged Peterson to separate from his pregnant partner and for her to terminate her pregnancy. Clarkson, Fagan and Burt strenuously deny that allegation.
The document also reveals fresh claims, such as Clarkson’s alleged dealings with Rioli in the Northern Territory in 2017, including when it’s claimed he visited Cyril Rioli’s father unannounced in an Alice Springs hospital.
The statement of claim alleges Clarkson used to call Rioli “Humphrey B Bear” during his time at Hawthorn.
Asked on Thursday if he could comment directly on the Humphrey B Bear line, Clarkson replied: “Nah. It’s all just a process we need to abide by in terms of the Federal Court now. And we’ll leave it at that.”
Former Hawk, Kangaroo and Sun Jed Anderson is mentioned in the context of an encounter with Clarkson and the Riolis, in which Clarkson is alleged to have suggested Anderson’s partner return to Darwin.
The document also claims Hawks officials rejected Indigenous welfare official Egan’s bid for more input on decisions involving Indigenous players, and that he hosted a meeting with Indigenous players who wanted the club to take firmer action in response to the booing of Sydney champion Adam Goodes. The players were allegedly threatening to withdraw from playing the next match.
It is alleged that Clarkson invited himself to the subsequent meeting and then “derailed” it by turning up with a guitar and singing a song about Rioli.
The almost two-year case has taken its toll on Clarkson, who in May last year stepped away from his coaching duties at the Kangaroos because of the mental and physical toll of the fall-out from allegations of cultural insensitivity.
The Hawks have offered a settlement of about $300,000 – about $50,000 per complainant – to have the matter concluded, an offer that was rejected.
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