By Jake Niall and Peter Ryan
Three former Hawthorn players, headed by club great Cyril Rioli, have provided detailed claims of their experiences as part of their racism court action against their former club.
A court document contains allegations of wrongdoing by club officials and alleges that a former Hawthorn premiership player made a racist remark about a then-teammate’s partner.
Cyril Rioli during his playing days for Hawthorn.Credit: The Age
Their statement of claim – which also includes Rioli’s wife, Shannyn Ah Sam-Rioli, his ex-teammates Carl Peterson and Jermaine Miller-Lewis, and Indigenous ex-official Leon Egan and the partner of another former player – lodged in the Federal Court alleges that, due to “unlawful discrimination” by Hawthorn, the players suffered “distress”, “psychological harm” and “personal harm”.
In the case of the three players, it is also claimed that they suffered a “loss of earnings and loss of earning capacity”.
The players, their partners, and Egan have not specified an amount for damages in their claim, as is customary for Federal Court actions, but are seeking damages, aggravated damages and an apology from the club.
The club will file its defence and respond to each of these claims in due course.
Former Hawthorn player Carl Peterson, pictured in 2010.Credit: Michael Clayton-Jones
The claim, filed in the Federal Court of Australia, is the result of a breakdown in mediation talks with the Hawks at the Human Rights Commission.
The document recounts many of the allegations that were the subject of the AFL inquiry, such as the allegation that Alastair Clarkson – in the presence of former staffers Chris Fagan and Jason Burt – encouraged Peterson to separate from his pregnant partner and for her to terminate her pregnancy. Clarkson, Fagan and Burt strenuously deny that allegation.
But the document also reveals fresh claims, such as Clarkson’s alleged dealings with Rioli in the Northern Territory in 2017, including when he visited Rioli’s father unannounced in an Alice Springs hospital.
The document identifies four-time Hawthorn premiership star Grant Birchall as the player who allegedly used a racial slur when asking about the partner of former Hawk and now Saint Bradley Hill on an end-of-season players’ trip in Bali.
Four-time premiership player Grant Birchall, pictured in 2018.Credit: Eddie Jim
“At an end-of-season players’ 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.
The Age contacted Birchall for comment in relation to the allegation.
It is alleged that Hill told Rioli of the comment on the first day of the following pre-season and that Hawthorn took no action as a result of the remark.
The statement of claim alleges Clarkson used to call Rioli “Humphrey B Bear” during his time at Hawthorn.
The document alleges Ah Sam-Rioli took Cyril Rioli’s teenage nephew to the players’ change rooms to see him and a Hawthorn employee asked to see their wristbands, pointed at the young boy and said: “Now you behave yourself when you go in there”.
Former Hawks president Jeff Kennett last year.Credit: Eddie Jim
The statement alleges that Rioli and his wife felt “culturally unsafe” at Hawthorn from about July 2015 and Rioli eventually decided to retire in 2018 after comments were allegedly made to his wife by the club’s then-president, Jeff Kennett, at Launceston Airport after a match in relation to her wearing “ripped jeans”.
Kennett is alleged to have asked Ah Sam-Rioli: “Can’t you afford to buy thread?”
In the period after Kennett’s alleged comments, Hawthorn officials attempted to broker a meeting between Kennett and the Riolis, in which the document alleges Kennett told them: “I can’t help how you feel.”
Kennett told this masthead in 2022 that the comment to Ah Sam-Rioli regarding her jeans was similar to jokes he had made many times previously with many other people. He said he had not meant to cause offence.
Ex-Hawk, Kangaroo and Sun Jed Anderson is mentioned in the context of an encounter with Clarkson and the Riolis, in which Clarkson is alleged to have suggested Anderson’s partner return to Darwin.
The 89-page statement of claim details the allegation that Clarkson told Peterson to “break up” with his partner and “tell her to terminate the pregnancy” or his football career would be “in jeopardy”.
An AFL investigation last year found no adverse findings against Clarkson, Fagan or Burt, Hawthorn’s former welfare manager. Fagan now coaches the Brisbane Lions. The three men have all strenuously denied any wrongdoing and rejected accusations of racism.
Alastair Clarkson and Chris Fagan, pictured in 2015 while they worked at Hawthorn.Credit: AFL Photos
In May, the Australian Human Rights Commission terminated a claim against Hawthorn by the First Nations ex-players and their partners after the parties failed to come to a deal.
The AFL was not involved in the Human Rights Commission hearing, the league having set up a four-member panel to investigate the allegations. The AFL cleared the former Hawthorn officials of any wrongdoing under league rules last year. Hawthorn have not received any official sanction, either.
The document details allegations that football department official Cam Matthews, now with Clarkson at North Melbourne, rejected requests for Miller-Lewis to spend time with his partner and their newborn baby in Perth.
It also alleges club officials rejected Indigenous welfare official Leon Egan’s request for more input on decisions involving Indigenous players and that he hosted a meeting with Indigenous players who wanted the club to take stronger action in response to the booing of Sydney’s Adam Goodes. The players were allegedly threatening to withdraw from playing the next match.
It is alleged that Clarkson invited himself to the subsequent meeting and then “derailed” it by turning up with a guitar and singing a song about Rioli.
Current Hawthorn president Andy Gowers.Credit: Wayne Taylor
Clarkson has not been contacted for comment in relation to this specific allegation but has denied all other allegations of racism.
North Melbourne were contacted for comment in relation to both Clarkson and Matthews.
In response to the claim, Hawthorn president Andy Gowers said: “As we have done throughout this process, we will continue to work towards a resolution in a fair and timely manner for all parties.
“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.”
Hawthorn have offered a settlement of close to $300,000 – about $50,000 per complainant – to have the matter concluded, an offer which was rejected.
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