Hawthorn racism investigation: Lawyer for alleged victim ‘Amy’ speaks out

The lawyer for a woman who has refused to take part in the investigation into historical racism claims at Hawthorn has cast further doubt over the validity of the AFL’s probe.

The lawyer representing a woman who has refused to participate in the AFL’s independent investigation into historical claims of racism at Hawthorn says he is unaware of anyone who has so far committed to participate.

The day after the woman – known only as “Amy” to protect her identity – revealed she would not take part in the “unsafe” investigation, her lawyer cast further doubt on the validity of the league’s inquiry arguing it would struggle to “achieve anything of much practical use”.

Marque Lawyers managing partner Michael Bradley said that he expected other families to decline to take part in the investigation into historical claims of racism at the club.

While Bradley and Marque Lawyers were representing only Amy – the former partner of an ex-Hawthorn player – the lawyer said his firm was in contact with two more firms acting for other impacted families.

“My understanding is that certainly at least one of the other families has already said that they’re not participating,” Bradley said on SEN.

“As for the rest, I don’t know. As far as I know nobody has actually committed to participate at this point.”

Amy’s lawyers outlined a “long list of concerns” to the AFL about the investigation process and how the league could make it safer for her to participate.

Questioning the independence of the investigation, Bradley said one suggestion had been to appoint a body such as the Human Rights Commission to investigate.

The AFL launched its independent investigation after harrowing claims against key Hawthorn officials were made in the Hawthorn cultural safety report.

Alastair Clarkson and Chris Fagan were named in the Hawthorn allegations and will defend themselves in the investigation.

Former Hawthorn coach Alastair Clarkson, who commenced his role at North Melbourne this week, and Brisbane Lions coach Chris Fagan have denied all allegations levelled at them. Both parties have denied any wrongdoing.

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Bradley said it was unlikely the investigation would be able to achieve an “adequate outcome” if central figures did not want to participate.

“The validity of the exercise has already been effectively undermined,” Bradley said.

“If the central figures, or some of them, are not involved then it is not going to be able to achieve that much.

“There was always only a very limited capacity of this particular form of process to do that. This is an internal AFL disciplinary investigation, in effect, that’s limited in its jurisdiction and that’s the choice that’s made.

“But I think it is going to be difficult to achieve anything of much practical use.

“You have got a group of people who have already come forward and disclosed and shared their trauma and they are at risk every time they are asked to re-perform that trauma, so they should only do so in circumstances that are both safe and likely to result in some practically useful outcome.”

Amy’s lawyer said she had agonised over whether or not to take part in the investigation, but she had to “protect herself first and foremost”.

Bradley said there were serious concerns over the privacy of his client and others involved being at risk.

“A lot of people know who she is and have pieces of her personal and sensitive information that are sort of out there in various hands and probably vulnerable at the moment,” Bradley said.

“So, yes, we are concerned about that and yes that risk exists.

Alastair Clarkson and Chris Fagan.

“One of the things we were very concerned about in the way these terms of reference have been structured is there is no real protection for the privacy and the personal information of the First Nations players and families. Once they agree to participate they are not protected.

“Hawthorn club has already written to each of them asking them to give their consent for it to hand over to the AFL every bit of information it has on them, including their personal and medical information because the AFL has already demanded that of Hawthorn for the purposes of the investigation.

“They have no rights within the terms of reference to prevent any of that information, including their identities, being disclosed in the final report which will be publicly released. “They can see redactions but the panel has the full discretion to decide what stays in or goes out so they are at risk.”

Bradley said Amy did not have a “legal” or “moral obligation to follow through with her initial claims.

“It’s not her job to fix the AFL’s problems for it, but she is not standing there saying ‘I just want to throw bombs and then walk away’ that’s not who she is,” Bradley said.

“She has taken a position on a stance of principle and integrity and she knows exactly what she wants to achieve but she is not in control here, she doesn’t have the cultural power here.”

The AFL said it did not have any further comment to make, pointing to the statement it released into the independent investigation on Wednesday.

The league acknowledged the”pain, trauma and grief” detailed by Amy in its statement, but backed in its independent review of the serious allegations despite the questions raised about its impartiality.

“It reinforced how important it is that the AFL treat them appropriately while ensuring a formal process that provides the opportunity to bring their experiences direct to the Independent Review in a supportive and respectful process to those impacted, and natural justice to those people against whom allegations of misconduct have been made,” the league said in its statement on Wednesday.

Originally published as Hawthorn racism investigation: Lawyer for alleged victim ‘Amy’ speaks out