Human rights lawyer Kate Eastman appointed in last-ditch attempt for mediation in Hawthorn racism saga

A last-ditch attempt has been launched to avoid the Hawthorn racism saga being dragged to a Federal Court hearing. MARK ROBINSON has exclusive details.

Hawthorn and a number of its former Indigenous players and their families, led by Cyril Rioli, will attempt 11th-hour mediation in a bid to avoid a Federal Court hearing.

In a major development, human rights lawyer Kate Eastman has been appointed the independent mediator in the long-running racism scandal.

A date for mediation has not been set, but Federal Court judge Justice Mark Moshinsky has ordered it must take place before November 22.

A source said the Hawks were hoping the mediation would be successful so the scandal would not continue to hang over the club into the 2025 season.

Alastair Clarkson and Chris Fagan have denied any wrongdoing. Picture: Colleen Petch.

Rioli, his wife Shannyn Ah Sam-Rioli, and two other former players, Carl Peterson and Jermaine Miller-Lewis, his wife Montanah, and the Hawks’ former Indigenous liaison officer Leon Egan have claimed they endured racism when at the club.

Senior Hawthorn staffers at the time, coach Alastair Clarkson, now Brisbane coach Chris Fagan and Jason Burt, have all vehemently denied any wrongdoing since the allegations surfaced in September 2022.

As part of the mediation process, the Hawks are required to present all documents, evidence and statements to the court by the end of this week. The Indigenous players and the families must put forward their documents and statements by October 25.

Alastair Clarkson and Cyril Rioli in 2015. Picture: Wayne Ludbey

Lawyers will then be engaged in the mediation process with Ms Eastman.

If the matter can’t be resolved, it is listed to return to court on December 3 for further direction. At present, the trial has been listed for June next year.

“As we have always said, we will continue to work through the Federal Court process, including any mediation, in good faith,” Hawthorn president Andy Gowers said on Tuesday.

Ms Eastman is one Australia’s leading human rights barristers and in 2023 was recognised by the Law Council of Australia with its prestigious President’s Award.

Announcing the award, Law Council president Tass Liveris said Ms Eastman’s 30-year commitment to assisting human rights cases included representing Yazidi women trafficked into Syria, David Hicks during his time in Guantanamo Bay, asylum seekers, women experiencing sexual violence, children with disabilities seeking access to education and war-crimes investigations.

Clarkson previously said mediation in March had been ‘really productive’. Picture: Adam Trafford/AFL Media/Getty Images)

Previous attempts at mediation in the Hawks’ case have failed, although Clarkson was buoyed by the two days of talks held in Melbourne in March this year.

“The last two days have represented the first chance that we’ve had to sit down together and do what you should always do in trying to resolve difficult situations, and that’s talk about it,’’ Clarkson said at the time.

“That was really productive and a worthwhile two days, but the process is actually incomplete and until such time that it is over, then we’re bound by confidentiality to not discuss anything about the proceedings at all.’’

Originally published as Human rights lawyer Kate Eastman appointed in last-ditch attempt for mediation in Hawthorn racism saga