AFL faces class action for ‘failing to stop vile racial abuse’

Indigenous players say they suffered ‘repugnant physical’ acts including ‘spitting and violence’, during their VFL/AFL careers.

Former AFL player Phil Krakouer is suing the sport’s governing body for the racism he endured throughout his career

A group of Indigenous footballers, led by former North Melbourne star Phil Krakouer, has launched a landmark class action against the AFL, which they say failed to stop “vile racial abuse” that resulted in “life-altering damage”.

Seven former players say they suffered racial abuse that included “repugnant physical acts such as spitting and violence” during their playing career.

In court documents lodged in the Supreme Court late on Friday, Margalit Injury Lawyers managing principal Michel Margalit said the AFL knew or ought to have known of the immediate and long-term adverse consequences of experiencing racial vilification, both physical and verbal, on the players.

Mr Krakouer was a listed player with North Melbourne and later Footscray from 1982 to 1991. The former North star, along with six other players, approached Margalit to take on their case, saying they wanted to be heard.

They say the abuse has left them “traumatised”.

“Racism has been swept under the carpet for too long,” Mr Krakouer said.

“For decades Aboriginal and Torres Strait Islander people and people of colour have been racially abused while playing AFL, and we feel the AFL sat back and watched it all go by.

“I was a 22-year-old kid that tried out for the big league. I was completely naive and full of dreams. I was hoping that great things were going to happen. It was a professional sport and the AFL allowed us to be abused and traumatised. We signed up to play football, not to be racially abused. Racism is not part of the game. It goes so far beyond sledging.

“Myself, and others, have been deeply affected by not only the comments that were made to us. The lack of support from the AFL made it worse. We don’t want to feel like victims anymore. All we were doing was playing footy.”

Mr Krakouer said the AFL has the chance to stamp out racism.

“The AFL had the power to stop it, and they have the power to stop it ever happening again,” he said.

“Sorry doesn’t cut it. They have to make sure this never occurs again, for everyone. You can’t improve present and the future without addressing the past.

“I want to ensure the game is better than when I played.”

Margalit Injury Lawyers also has another class action against the AFL involving more than 100 footballers who claim they sustained brain injuries from their VFL and AFL football careers.

It is believed that many more players will come forward to join the racism class action.

Ms Margalit said the AFL was aware of this racial abuse and “failed to take decisive action” to protect players.

“Racial vilification has been a known tactic of play within AFL games,” she said. “This tactic is reprehensible and has caused lifelong scars to our clients. The AFL failed to take adequate action, even in the face of laws condemning such behaviour.

“The racial abuse suffered by players was extreme – not just words, but repugnant physical acts such as spitting and violence. The AFL was aware of this racial abuse and, as the keeper of the code, failed to take decisive action to protect players.

“These players often began playing AFL football as teenagers. They were there to play football and live out their dreams.”

Ms Margalit also said playing professional football “came at the costs” of being subjected to the “most unacceptable” racial abuse.

“On the football field, our clients were unable to walk away, and unable to retaliate,” she said.

“Racial vilification is not sledging. The damage and hurt runs so much deeper, and our clients have been left with permanent trauma as a result.

“The pain caused by racial abuse can never be erased. It is time that the AFL properly acknowledged the trauma these former players experienced and compensate them appropriately.”