The AFL is pushing ahead with its probe into historical allegations at Hawthorn, despite the prospect a number of First Nations families won’t take part.
Key points:
- The AFL’s independent review is “one of several options” for First Nations families, lawyer Judy Courtin says
- Dr Courtin said the league’s proposed completion date of Christmas is “crushingly outrageous”
- The AFL on Thursday released the terms of reference for the review
A lawyer representing one of the families alleged to have been mistreated by the club said her clients are unsure if they will participate in the investigation into the claims.
“My clients are still very traumatised and they’re not in a position to make a final decision about which pathway they may take,” Dr Judy Courtin told ABC Sport.
“But this AFL enquiry is one of several options for my clients.”
The AFL on Thursday released a terms of reference for a four-person panel charged with investigating whether there was mistreatment of players and partners at the club between 2008 and 2016, including by then senior coach Alastair Clarkson and assistant Chris Fagan.
Both Clarkson and Fagan, who deny any wrongdoing, stepped down from their coaching roles at North Melbourne and Brisbane respectively after the allegations were published last month.
The AFL says the investigation will begin immediately and it wants the panel to complete its probe by Christmas.
Dr Courtin labelled the timeline “crushingly outrageous”.
“If my clients participate they will have one month from today to put together all statements, allegations and materials to provide to the panel,” Dr Courtin said.
“To make replies to the other participants and then to write final submissions based on all the materials in one month.
“We have multiple parties, issues and allegations — to do that in a month and say it’s culturally safe is impossible.
“Why is it so urgent? Why is it all being rushed?”
Dr Courtin said her clients feel they’re being railroaded into an investigation that has no independence.
“This whole inquiry from the beginning through to any possible sanctions is underpinned and guided by the AFL rules,” Dr Courtin said.
“And in many ways the AFL rules are a bit like the AFL’s Canon Law, like the Church has Canon Law, its own system.
“[My clients] are feeling really crushed by this process.”
AFL chief executive Gillon McLachlan said he can’t guarantee the families will participate but he remains optimistic.
“Obviously we’re encouraging the complainants to tell their story,” McLachlan told reporters.
“We believe it’s an independent, culturally diverse panel, it’s a terms of reference that is transparent… and we’re here at the behest of the families.
“But ultimately that will be a decision of the complainants and their lawyers.”
The investigation will go ahead regardless, McLachlan said.
“There’s information that panel can work with but it’s a better and more full investigation clearly if the complainants can work with the panel,” he said.
Dr Courtin said it would be a “whitewash” if some of or none of the families took part.
“It wouldn’t be credible, you couldn’t give it much merit if half of or all of the families did not participate,” she said.
It’s possible Clarkson and Fagan could return to coaching before the report is completed, with pre-season to begin soon.
Clarkson’s contract at North Melbourne begins in less than a fortnight.
“They would feel very betrayed by that,” Dr Courtin said.
“We understand and accept that Clarkson and Fagan need to defend these allegations but a lot of people do step down from positions until there is an outcome.”
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