‘Culturally unsafe at Hawthorn’: The key allegations in the Rioli Federal Court claim

A statement of claim lodged in the Federal Court – which includes Hawthorn great Cyril Rioli, his wife, Shannyn Ah Sam-Rioli, his ex-teammates Carl Peterson and Jermaine Miller-Lewis, and Indigenous ex-official Leon Egan and the partner of another former player – alleges that, due to “unlawful discrimination” by Hawthorn, the players suffered “distress”, “psychological harm” and “personal harm”.

Here are the key points of what is alleged in that statement of claim.

Cyril Rioli and his wife, Shannyn Ah Sam-Rioli. Cyril is one of Hawthorn’s greatest ever players, winning four premierships and a Norm Smith Medal across his 189-game career. He was also named to the All-Australian team three times before his retirement at just 28.

Cyril Rioli and Shannyn Ah Sam-Rioli

• Alastair Clarkson called Cyril Rioli “Humphrey B Bear” throughout his career at Hawthorn. In the claim, it was said that this “thereby associated Mr Rioli with a black bear and chose to publicly refer to him in that way.”
• In their claim, Rioli and Ah Sam-Rioli say that during Cyril’s time at Hawthorn, club employees “regularly said things to Mr Rioli that were culturally ignorant”.
• The claim said, that on an end of season trip in 2013, Indigenous player Bradley Hill was asked by senior player Grant Birchall whether Hill’s partner was also a “boong” – an alleged comment that Hill was said to have relayed to his teammate Rioli. Hawthorn did not take any action in response to this incident, the Rioli statement of claim said.
• The Rioli claim said that the 2015 Norm Smith medallist felt “culturally unsafe at Hawthorn” and that Ah Sam-Rioli didn’t take part in wives and girlfriends (WAG) events at the club as a result of feeling culturally unsafe.
• The claim said that in April 2016, Ah Sam-Rioli took her husband’s nephew, aged 13 or 14, to the players’ rooms, where a Hawthorn staffer asked to see their wristbands and said to the boy, “now you behave yourself when you go in there”.
• The Rioli statement said Clarkson had visited Cyril Rioli’s father, “unannounced,” in an Alice Springs hospital after Rioli senior suffered a heart attack in 2017.
• During his visit to Alice Springs, Clarkson said to Mr Rioli words to this effect: “Why do these Aboriginals have darker skin that you?”
• The statement also alleged that, at a meeting at the home of Cyril Rioli’s uncle in 2011, the coach questioned Rioli about how the off-season was going, and then said words to the effect “be careful not to have babies and understand that your career has just taken off and that a child will disrupt your career or potentially end it”.

Carl Peterson played 17 senior games for the Hawks across 2009 and 2010. He was drafted by Richmond in 2006 but never played for the club at AFL level.Credit: Sebastian Costanzo

Carl Peterson

• Failed a voluntary drug test organised by Hawthorn in November 2008.
• From January to June 2009, he resided part of the time at a host family house and part of the time at his partner Nikita Rotumah’s house in Heidelberg.
• He said Jason Burt told him on or about March or April 2009 words to the effect that Hawthorn was opposed to him being in a relationship with Rotumah.
• Told Jason Burt in mid-2009 that he and Rotumah were expecting.
• Said Burt told him words to the effect of: “Carl, being a father is a huge responsibility and we don’t think you’re ready to be a father.”
• Said Clarkson said words to the effect of: “Carl, you need to break up with Nikita and focus only on your football” and “unless you break up with her and tell her to terminate the pregnancy, your football career will be in jeopardy.”
• Said Chris Fagan nodded his head during the meeting where these comments were allegedly made.
• Said he “did not consider, in light of what he had been told and in the circumstances in which he was told those things, that he realistically had any option but to comply.”
• Said Burt told Rotumah words to the effect that Hawthorn had encouraged Peterson “not to be a father at this time.”
• Said, in October 2009, that he and Rotumah resumed their relationship and that she did not terminate the pregnancy.

Hawthorn’s former Indigenous manager Leon Egan played under-19s football in 1988 with the Hawks.Credit: The Age

Leon Egan (former part-time Indigenous liaison officer)

• Said he was not included in decision-making about the Indigenous players, in respect of whom he was engaged and employed to advise and mentor.
• After Sydney Swans icon Adam Goodes was booed in a 2015 game involving Hawthorn, Egan said the club’s Indigenous players Rioli, Shaun Burgoyne, Jed Anderson, Derick Wanganeen and Bradley Hill told him they considered Hawthorn’s response to the booing incident to have been inadequate and intended to boycott the following game. The Age notes that Wanganeen was not on Hawthorn’s list in 2015.
• Said the players attended a meeting at his home to discuss potential action and Clarkson invited himself to the meeting at Egan’s home, imposed himself on, and derailed the meeting, by bringing his guitar and singing a song about Rioli and discouraged the players from going through with the boycott.
• Said Burt told him only players’ families had access to the rooms after the 2015 grand final. Egan resigned two weeks later.

Jermaine Miller-Lewis was delisted from Hawthorn’s rookie list in 2016.Credit: Getty Images

Jermaine Miller-Lewis

• From Perth, he was rookie listed in November 2014. His partner was due to have a baby in January, 2015.
• Miller-Lewis returned from pre-season training to Perth for birth of daughter Aryana in January 2015.
• Said that football department official Cam Matthews told him to stay with the team in a hotel rather than his partner and daughter when he returned to Perth for the Indigenous All-Stars match in February 2015.
• Said Matthews refused repeated requests from Miller-Lewis that his partner and daughter visit Melbourne.
• Said Hawthorn initially refused to pay relocation costs after he was delisted at the end of 2016.

Jed Anderson played the first 10 games of his AFL career with Hawthorn, before going on to play a further 89 with North Melbourne. He was also on Gold Coast’s list in 2023.Credit: Getty Images

Jed Anderson

• When Anderson’s pregnant partner, Nicki, arrived from Darwin, Clarkson is alleged to have said in the presence of Anderson, Rioli and Ah Sam-Rioli words to this effect: “Nicki, it’s in the best interests of Jed and Cyril that you do not stay here.”

Clarkson (the current North Melbourne coach), Fagan (the coach of the Brisbane Lions) and Burt have consistently denied wrongdoing and rejected accusations of racism.

An AFL investigation found no adverse findings against Clarkson, Fagan or former Hawks welfare manager Burt.

North Melbourne were contacted for comment in relation to both Clarkson and Matthews.

In May, the Australian Human Rights Commission terminated a claim against Hawthorn by the First Nations ex-players and their partners after the parties failed to come to a deal.

The AFL was not involved in the Human Rights Commission hearing, the league having set up a four-member panel to investigate the allegations. The AFL cleared the former Hawthorn officials of any wrongdoing under league rules last year. Hawthorn have not received any official sanction, either.

with Jake Niall

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