Hawthorn racism scandal: Federal Court documents reveal full extent of Alastair Clarkson allegations

Almost two years after the Hawthorn racism scandal broke, allegations against multiple former club chiefs have been formalised in an 89-page statement of claim in Federal Court.

Documents have been lodged with the Federal Court detailing how Alastair Clarkson allegedly told a Hawthorn player to “break up” with his partner and “tell her to terminate the pregnancy” or his football career would be “in jeopardy”.

Almost two years afterthe Hawks racism scandalfirst broke, allegations against multiple former club chiefs have been formalised in an 89-page statement of claim.

Hawks great Cyril Rioli is the lead applicant in the court action in which five former Hawthorn figures and their partners – Shannyn Ah Sam-Rioli, Carl Peterson, Jermaine Miller-Lewis, Montanah-Rae Lewis and Leon Egan – are seeking damages, aggravated damages and apologies from the club.

The statement of claim also identifies four-time Hawthorn premiership star Grant Birchall as the player who allegedly made a racial slur in reference to the partner of former Hawk and now Saint Bradley Hill on an end-of-season player’s trip in Bali.

Alastair Clarkson and Grant Birchall during their time at Hawthorn.

“At the end of the 2013 season … at an end-of-season player’s trip, an Indigenous player (Mr Bradley Hill) was asked by a non-Indigenous player (Mr Grant Birchall) whether Mr Hill’s partner was also a ‘boong’,” the document alleges.

“Mr Hill told Mr Rioli of this comment at the first pre-season training session around late November 2013 … Hawthorn did not take any action in response to this incident.”

Birchall is currently a part-time development coach at the Brisbane Lions academy.

A Brisbane Lions spokesman said: “We’re aware of the historical allegations, however, given the matter is before the courts, we have nothing further to add at this point.”

Explosive claims Hawks chiefs pressured former Indigenous player Carl Petersen and his partner Nikita Rotumah to terminate a pregnancy during the 2009 season have been central to the scandal.

The documents recount an alleged conversation held between Clarkson, Peterson, then Hawks official and now Brisbane Lions coach Chris Fagan and Hawthorn welfare officer Jason Burt in a small office at the club’s Waverley headquarters.

“Mr Clarkson, Mr Fagan and Mr Burt were present in the room before Mr Peterson arrived,” the document says.

“There was initially some friendly and positive discussion about how impressed the coaches were with Mr Peterson’s development and skills as a player.

“Mr Burt then informed Mr Peterson that he had shared Mr Peterson’s news with Mr Clarkson and Mr Fagan.

“Mr Burt said words to the effect: ‘Carl, being a father is a huge responsibility and we don’t think you’re ready to be a father.’

“Mr Clarkson said words to the effect: ‘Carl, you need to break up with Nikita and focus only on your football.’

“Mr Clarkson said words to the effect: ‘Unless you break up with her and tell her to terminate the pregnancy, your football career will be in jeopardy.’

“Mr Fagan nodded his head during the meeting”.

Cyril Rioli and Carl Peterson at Hawthorn training.

The document further asserts that Mr Peterson was given an hour to make a decision.

After the meeting, Peterson “was highly distressed and anxious about what he had been told” and “called Ms Rotumah and said to her words to the effect that he could not be with her anymore and that it was not a good idea that she have the baby”.

He informed Clarkson and Burt of the discussion with Ms Rotumah and, according to the document, was told that he would be “staying at Mr Burt’s house for a few days”.

“Mr Burt then drove Mr Peterson to Mr Burt’s house … On the way, Mr Burt purchased a SIM card (and) said to Mr Peterson words to the effect that it would be best that Mr Peterson was not able to communicate with his family anymore so he could be 100 per cent focused on his training,” it alleges.

“Mr Peterson, believing he needed to comply with Mr Burt’s instructions, then stayed at Mr Burt’s house for a number of nights in an upstairs room.

“During the time he stayed at Mr Burt’s house, Mr Peterson felt that he was being locked away from the outside world and that the only interaction with others that was permitted by Hawthorn was with his teammates at training ...

“Ms Rotumah did not terminate the pregnancy (and) in October 2009, Mr Peterson and Ms Rotumah resumed their relationship.”

The statement of claim also references an incident in May 2015 when Clarkson allegedly turned up to a meeting held by several Hawthorn Indigenous players over a proposed boycott amid fallout from the Adam Goodes booing saga.

“Mr Clarkson … invited himself to the meeting … imposed himself on, and derailed, the meeting, by bringing his guitar and singing a song about Mr Rioli … (and) discouraged the players from going through with the boycott.”

Rioli also accuses Clarkson of calling him “Humphrey B Bear” throughout his time at Hawthorn and “thereby associated Mr Rioli with a black bear and chose to publicly refer to him in that way”.

“During Mr Rioli’s employment at Hawthorn, Hawthorn employees regularly said things to Mr Rioli that were culturally ignorant,” the document alleges.

The Hawks have one month in which to file a defence.

The AFL launched an “independent” inquiry into the Hawthorn racism claims in September 2022, which ended last year with “no adverse findings” made against Clarkson, Fagan or Burt.

Mediation between the players and the former Hawthorn figures has failed to reach a settlement.

Clarkson, now senior coach at North Melbourne, has said that he would welcome the matter going to the Federal Court and was hopeful he would be called to give evidence.

Clarkson, Fagan and Burt have repeatedly denied wrongdoing.

Chris Fagan with Clakson in 2016. Picture: Wayne Ludbey

The amount of money being sought by the complainants is not disclosed in the documents.

“As we have done throughout this process, we will continue to work towards a resolution in a fair and timely manner for all parties,” Hawthorn president Andy Gowers said in a statement. “The Federal Court process will importantly give Hawthorn Football Club the opportunity to respond to these allegations.”

“Given the matter is now before the courts, it would be inappropriate to make any kind of comment that could impact on that process.”

In May, the Herald Sun revealed two secret reports commissioned by the AFL into the Hawthorn racism scandal found “a startling lack of evidence” in the cases alleged against Clarkson, Fagan and Burt.

The separate reports, authored by a retired Federal Court judge and a top city law firm, concluded that the gravest allegation – that an Indigenous player and his partner were pressured to terminate a pregnancy – could not be substantiated.

A claim that the Hawks had demanded the separation of another First Nations family for the sake of the player’s career was also considered to be “lacking in evidence”.

The two reports – one by Justice John Middleton and the other by Gordon Legal – found that there was “no basis whatsoever” to support suggestions a sub-culture of racism had existed at Hawthorn or that the three accused club officials had behaved in anything other than a “caring” way for their players.

The AFL Commission relied upon the reports to terminate the four-person independent investigation panel led by Bernard Quinn KC, which had failed to make any findings eight months after being established following the leaking of the Hawthorn “cultural safety review” in grand final week 2022.

Originally published as Hawthorn racism scandal: Federal Court documents reveal full extent of Alastair Clarkson allegations