Hawthorn racism saga: Proposed settlement between AFL and First Nations families collapses

A proposed deal between the AFL and the First Nations families involved in the Hawthorn racism saga has collapsed. Find out why here.

Chris Fagan and Alastair Clarkson.

A proposed settlement between the AFL and First Nations families in the Hawthorn racism scandal is dead in its current format.

And it’s possible Leon Zwier, the lawyer representing four First Nations families, might be let go as the families consider alternative legal avenues.

A proposal was presented to the AFL, but in talks on Friday night and Saturday afternoon, some of the families have listed a set of new non-negotiables if a solution is to be reached.

The families want an apology from the AFL, Hawthorn, Alastair Clarkson, Chris Fagan and Jason Burt.

They also want sanctions for the club, Clarkson, Fagan and Burt for allegedly bringing the game into disrepute.

Clarkson, Fagan and Burt have denied any wrongdoing.

The First Nations families want sanctions against Hawthorn.

The initial proposal, made by Zwier, asked for apologies from the AFL and Hawthorn only.

A non-disparagement clause as well as a mechanism which would demand that the families apply for compensation from an AFL fund were also in the proposal.

A third meeting is scheduled to be held on Sunday between the families and their non-legal advisers.

Zwier, a partner in Arnold Bloch Leibler, has represented the families from the start and has been working closely with outgoing AFL chief executive Gillon McLachlan in recent weeks.

Whether he continues to work with the families is expected to be resolved at Sunday’s meeting.

Part of the “non-negotiables’’ also include ongoing support for mental health, that laws regarding racism are the core of the AFL’s policies and procedures, and that a public healing ceremony be held to complete the process of reconciliation.

Burt, who was the Hawks’ welfare manager, on Saturday admitted to feeling “uncomfortable” about some of the events that unfolded at Hawthorn.

Burt denied hearing an alleged incident where a player was told to encourage his partner to have an abortion.

Clarkson and Fagan during their time at Hawthorn.

But Burt confirmed he went to the house of another First Nations Hawthorn player along with coach Clarkson and footy manager Fagan when the player told his partner – who is now his wife – that he was ending the relationship.

“I think that’s the part that overstepped the mark from being supportive to what could be deemed intimidating,” Burt told Nine Media. “And I get that and that’s what makes me feel uncomfortable.”

He said the addition of Clarkson and Fagan at the meeting with the player and his partner could now be considered “over the top”.

“It probably should have been just me in with ‘Zac’ … I think that would have been far less intimidating,” Burt said.

This allegation of separation was first aired in Hawthorn’s cultural review conducted last year.

A figure close to the First Nations families said on Saturday that Burt’s comments confirmed all three Hawthorn staffers were present at the meeting and strengthened the claims against them.

Chris Fagan and Alastair Clarkson.

On Friday the Herald Sun asked Burt and Burt’s lawyer Tony Hargreaves if Burt would like to do an interview/make a statement or if a deal was imminent in the racism scandal.

Hargreaves replied via email: “At the moment, there is more likelihood I will play full-forward for Collingwood in the grand final.’’

The Herald Sun revealed on Friday that lawyers for the First Nations families (Zwier) had recommended a settlement with the AFL, which could end the saga.

There were hopes for a solution to be reached in days, but it was revealed that some First Nations families were not comfortable with every aspect of the proposal.

Burt also revealed on Saturday he had met McLachlan last week, and feared the league was more concerned about protecting its brand than anything else.

“He’s been disappointing,” Burt said of McLachlan.

“The AFL is a brand. For them to say they’re worried about people is false. It’s all about (the) brand.”