By Jon Pierik
The Collingwood Football Club has taken aim at its former head of First Nations strategy, declaring his allegations of racism against club chief executive Craig Kelly are “embarrassing” and “objectionable”.
The Magpies lodged their response in the Federal Circuit and Family Court on Friday, strongly defending Kelly after Mark Cleaver, the club’s former head of First Nations programs, accused him in court documents last month of making slurs and jokes about Indigenous culture during their time working together between February and when Cleaver’s employment was terminated in May this year.
Collingwood Football Club chief executive Craig Kelly.Credit: AAP
The Magpies deny all 11 complaints lodged by Cleaver, including that there was unlawful discrimination and that he was bullied, and have called for the case to be struck out.
In court documents, Cleaver alleges the club breached several laws, including the discrimination acts involving equal opportunity, race and disability. He alleges he suffered “hurt, humiliation and distress” and “economic loss” after he was sacked.
Through lawyer Henry Skene, of Seyfarth Shaw Australia, the Magpies claim Cleaver’s statement “includes various allegations of fact and law which are objectionable, irrelevant, vague, embarrassing and liable to be struck out”.
The Magpies say Cleaver was sacked “solely because it was satisfied that he had engaged in misconduct”.
The Magpies say this misconduct included false allegations that Kelly had told him to “go throw a boomerang”.
In Cleaver’s lodged documents, he claims he was delivering a training program to the players and was asked by Kelly how it was connecting back to the club’s broader strategy.
“This needs to be a boomerang, and it needs to come back, unless you hit someone with the boomerang, but then you’ve done it wrong because that’s the whole point, they’re meant to come back,” Kelly is alleged to have said.
In response, the Magpies claim “this was untrue; this was not the true substance of his complaint about this incident; the true substance of his complaint was in entirely different terms”.
The Magpies also deny that Cleaver’s internal manager at Collingwood at the time encouraged him to lodge a police complaint. They also deny the “live possum comments”.
Cleaver, in court documents, alleged he was working on a project to open a cultural room when Kelly confronted him over the length of time it was taking. The pair discussed artefacts that would go on show, before it is alleged Kelly picked up a marngrook (a ball made of possum hair) and “forcefully threw it at” Cleaver.
“I don’t give a f--- what you put in there,” Kelly is alleged to have said. “I don’t give a f--- if you put a live f---ing possum in there.”
It is claimed Kelly was admonished by another staffer for his alleged “culturally” unsafe behaviour. The documents allege Kelly said: “I know it’s inappropriate.”
In his application filed with the court, Cleaver described himself as a First Nations person who is gay, in a same-sex relationship and suffers from multiple sclerosis.
Cleaver also alleges in the documents that Kelly was physically rough with him on numerous occasions. He reported the alleged assaults to Victoria Police, which investigated the matter but ended the probe due to insufficient evidence with no charges laid.
Maurice Blackburn Lawyers – representing Cleaver – did not wish to comment when contacted on Monday as the matter was before the court. Nor did the AFL and the Magpies.
At a press conference on July 31, Magpies president Jeff Browne said the club would not stand Kelly down while the case was ongoing. However, he said the Magpies were not calling Cleaver a liar.
“Just wait to see the outcome of these proceedings before you finally make a judgment on that,” Browne said.
“We’re backing in Craig Kelly. We intend to fight these proceedings and see them through to a judgment. He [Cleaver] was with us for six months – [a] fairly short period of time. As a result of some other conduct, which came to light as a result of me examining his role, his employment was terminated – I terminated it.”
Cleaver also alleges he was dealing with a First Nations behaviour-change program body, Dardi Munwurro, which claimed the Magpies had failed to pay fees of between $300,000 and $500,000. The documents claim Kelly asked: “Are they trying to extort us for money? These people do that.”
Dardi Munwurro has since terminated its relationship with the Magpies.
The Magpies claim Cleaver’s misconduct also included that he had “dishonestly stated” that he had not contacted the media. The Magpies deny they are liable for any loss or damages.
The case was due to have a directions hearing on August 27, but judge Karl Blake has ordered the parties to enter mediation but not before October 9.
If mediation is unsuccessful, the court says the case will “be listed before Judge Blake for case management”.
The two parties failed to find common ground in mediation earlier this year.
The Magpies have faced racism claims in the past. The club commissioned an independent review to deal with racism in 2021. The Do Better report uncovered systemic racism stretching back decades, and made a range of recommendations to change the culture of the club.
Keep up to date with the best AFL coverage in the country. Sign up for the Real Footy newsletter.