Human Rights Commission rejects attempt to have Hawthorn racism claims dismissed

The Human Rights Commission has dismissed an attempt to have the racism claims by former Hawthorn players and their partners thrown out.

An attempt to have the Hawthorn racism scandal thrown out by the Human Rights Commission has failed, meaning a world-first hearing in professional sport could still play out.

It’s understood lawyers for Hawthorn, and for two senior football staff — Alastair Clarkson and Jason Burt — petitioned to have the racism claims made by former players and their partners dismissed by the HRC.

The move was rejected by the HRC.

Brisbane coach Chris Fagan, who was named in the Binmata Report alongside Clarkson and Burt, was not part of the petition.

The racism claims — made by former Hawks Cyril Rioli, Carl Peterson, Jermaine Miller-Lewis and Indigenous club liaison Leon Egan, and partners Shannyn Ah Sam-Rioli and Montanah Miller-Lewisian — were from 2008-2016.

Alastair Clarkson and Chris Fagan during their time together at Hawthorn. Picture: Michael Willson/AFL Media

The Human Rights processes are not governed by Statute of Limitations, but have broad discretion to accept claims.

Conciliation is the next step in the process and if that fails to find a resolution, the next step is a hearing in the Federal Court.

Previous attempts at mediation under Bernie Quinn, KC, who was appointed as head of the AFL inquiry into the Hawks racism scandal, also failed.

The HRC protocols offer the players and partners protection to speak freely about the events they claim happened when at Hawthorn.

Cyril Rioli was one of the complainants. Picture: Michael Klein

Clarkson, Fagan and Burt have strongly denied the racism claims, which makes any conciliation ahead of a potential Federal Court hearing unlikely.

If the hearing takes place, it’s believed it would be a world-first where elite sports coaches would be prosecuted for claims of systemic racism.

All witnesses would be required to have sworn testimony and be subjected to cross examination.

Hawthorn president Andy Gowers said on Thursday: ‘’We want to see this matter resolved fairly for everyone involved. This has been our focus from the outset.

“We are continuing to work through the AHRC process in good faith.

“The Commission has instructed all participants that the process is confidential, and the club cannot comment publicly while it is ongoing.”

The Hawks, meanwhile, have not made payments to anyone involved in the scandal.

Originally published as Human Rights Commission rejects attempt to have Hawthorn racism claims dismissed