AFL gets Victorian Coroner removed from Shane Tuck inquest

Shane Tuck’s widow has threatened to withdraw from an inquest into his death after the AFL succeeded in having the Victorian Coroner removed from the case.

Shane Tuck was diagnosed with Stage III CTE after his death.

Shane Tuck’s widow has threatened to withdraw from the coronial inquest into her husband’s death as her legal team savaged the process as an “AFL dog and pony show”.

The AFL succeeded on Thursday in having Victorian Coroner Simon McGregor recuse himself from the investigation.

Greg Griffin, counsel for Katherine Tuck, hit back, saying the league had “irretrievably contaminated” the process.

In a scathing email to the Coroner’s Solicitor Daniel Wright and all other parties, Griffin said their confidence in the inquiry had “been eroded so completely as to render our involvement further unlikely”.

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Former Richmond player Shane Tuck, who died last year at age 38, with his wife Katherine at the 2012 Brownlow Medal.

The dispute between Mrs Tuck and the AFL centred around the fact Mr McGregor’s brother acts as a psychologist with the AFL Players’ Association.

Mr Griffin declared: “The outcome of this process seems now irretrievably contaminated by the joint submissions of the AFL and the AFLPA which on any reading ... is to stifle and obstruct any proper investigation ...”

“The AFL with the acquiescence of the AFLPA have misled players over a period of 30 years as to the risks of long-term brain injuries by playing in their competition, which at all material times they have been alert to and aware of.

“The Investigation having been so interfered with by the AFL and AFLPA has been so irredeemably compromised so as to make any further involvement with parties that are actually affected and impacted upon irrelevant so we will most likely proceed in another jurisdiction.”

In the email, Mr Griffin’s party requested that the Coroner’s Office confirm that it required all parties to comply with the earlier orders made by Coroner McGregor.

“It does those parties that worked together to remove Coroner McGregor from this investigation no credit whatsoever, particularly as each of them have so publicly asserted a desire to cooperate in the Coroner’s process.

All parties in the Tuck matter, including the AFL, AFLPA, Tuck’s widow and the Richmond Football Club, were advised on Thursday afternoon that the State Coroner would now take carriage of the investigation.

Shane Tuck played 173 games for Richmond between 2004 and 2013.

Mr Wright emailed all parties on Thursday to advise them that Coroner McGregor had recused himself from the matter.

The Tigers hardman took his life in July last year and was later diagnosed with Stage III CTE, the ­devastating degenerative brain disease linked to repeated head knocks.

Tuck’s diagnosis came months after the Herald Sun revealed St Kilda great Danny Frawley had been suffering from Stage II CTE when his four-wheel drive struck a tree in Millbrook, near Ballan, in September 2019. CTE can only be diagnosed after death.

A mandatory 12-day rest after a player suffers a concussion has been introduced by the AFL this season.

During a March 9 directions hearing, Mr McGregor revealed that the AFL’s concussion rules would be scrutinised as part of his coronial investigation.

He said the probe would examine whether there was a link between the head ­injuries Tuck sustained during his 173-game career between 2004 and 2013 and his later diag­nosis with severe CTE.

Tuck’s widow’s torment over AFL inquest move

Earlier in the week Tuck’s widow said she was in conflict with the AFL over the inquest, which is expected to expose the impact of concussions in the game.

Documents obtained by the Herald Sun reveal lawyers for Mrs Tuck accused the AFL of “forum shopping” as the league was seeking to remove McGregor from the investigation into Tuck’s suicide eight months ago.

Forum shopping is the practice of choosing a court or jurisdiction that will give a party the most favourable outcome in a dispute.

Mrs Tuck’s lawyers have also pleaded that the grieving widow’s torment must “not be overlooked”.

It comes after Mr McGregor earlier this month raised concerns over the “genuine risk of profound lifetime injury in a profit-motivated workplace featuring a high turnover of young people”.

Kieran O’Brien, a partner at DLA Piper, said: “At the outset, my client, the Australian Football League (AFL), wants to make clear that it welcomes the opportunity to assist the Coroners Court of Victoria in relation to its investigation of Mr Tuck’s death and issues that may be relevant to it, including Mr Tuck’s diagnosis of Chronic Traumatic Encephalopathy. “The AFL is committed to learning as much as it can from this process as the health and safety of players is of paramount importance to it.

“In the circumstances, we are of the view that a fair minded and independent observer could reasonably conclude that there was a real possibility that your Honour would be impeded, by reason of your close familial relationship with Dr McGregor, from bringing an independent and impartial mind to this investigation, including in relation to making decisions as to its scope.

“This first-degree relationship could only serve to undermine public confidence in the Coronial process in this important case, and perhaps more generally.”

The submission flagged Dr McGregor had “eight specific interactions with the deceased and his wife”.

In a counter-submission filed with Mr McGregor on behalf of Mrs Tuck last Friday, lawyer Greg Griffin said “the application made by the solicitors for the AFL is misconceived, indeed entirely without merit, and should be rejected”.

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Katherine Tuck speaks at Shane Tuck’s funeral last year.

“We of course act for the widow of the deceased. The death of her late husband has had

an overwhelming effect upon both herself and her family,” Mr Griffin said.

“Notwithstanding our surprise by some of the submissions of the AFL, and all those of the AFLPA, we assume that they are fully committed to assisting the Coroners Court in respect of the investigation and that they wish to understand and learn from the issues that may affect the health and safety of past and present AFL players.

“This question of CTE is a significant issue for both government and for sports persons all around Australia.

“The position of the widow of the deceased must not, and I am sure will not, be overlooked

when considering whether the investigation and inquest ought be delayed.”

Mr Griffin added: “In our submission there is absolutely no basis for the Coroner to recuse himself … there is simply no basis for forum shopping.

“In the subject case the Coroner has openly raised the question of his brother as a

possible expert witness. He has satisfied himself that, if he were so called, it would not affect his investigation …”

Mr Griffin also noted “a number of requests for documents and information including medical information from the Richmond Football Club and the Hawthorn Football Club” remained outstanding.

“There is no reason why that material cannot be provided by 26 March 2021 as directed,” he said.

“Indeed one would have thought that it is in the hands of the AFL, and the AFLPA, to ensure compliance by the former member clubs, to ensure that there was early compliance given their submission that ‘the AFL wants to make it clear that it welcomes the opportunity to assist the Coroners Court of Victoria in relation to its investigation of Mr Tuck’s death and issues that may be relevant to including Mr Tuck’s diagnosis of CTE’.”

Originally published as AFL gets Victorian Coroner removed from Shane Tuck inquest