Hawthorn’s alleged racism exposed in court documents
Former Hawthorn AFL players have demanded an apology for the alleged racism and discrimination from some of the club’s senior executives, including a former head coach and the general manager of people and culture, new court documents reveal.
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Cyril Rioli, Carl Peterson and Jermaine Miller-Lewis, all former players of Hawthorn Football Club, filed a claim in the Federal Court alleging the club’s unlawful conduct caused injury, loss or damage.
It follows a failed attempt to hold the club responsible for the alleged wrongdoing in the Australian Human Rights Commission.
They are supported by Shannyn Ah Sam-Rioli, Montanah-Rae Lewis, and former Hawthorn Indigenous mentor and adviser Leon Egan.
The statement of claim, uploaded to the Federal Court’s website on Monday (5 August), named a number of the club’s executives, including Alastair Clarkson, head coach between 2005 and 2021, and Jason Burt, a former general manager of football operations and general manager of people, culture and integrity.
Lead plaintiff and ex-champion Rioli claimed he was told a number of culturally ignorant things, given a racist nickname, and told not to have a child because it would “potentially end [your career]”.
After his father had a heart attack in 2017, Clarkson allegedly showed up unannounced and later asked him of his family: “Why do these Aboriginals have darker skin than you?”
When Rioli first began to consider leaving the club, a member of the media team allegedly told him to meet with former president Jeffrey Kennett or Hawthorn “would leak the story to control the narrative”.
Rioli resigned in June 2018 to “protect himself”, he said.
Peterson, who had a child with an Indigenous woman, alleged he was isolated from his Indigenous friends and family.
When he announced his then-partner was expecting a child, Peterson alleged Clarkson told him to either break up with her or terminate the pregnancy, “or your football career will be over”.
He also alleged a violent incident occurred between Clarkson and his young son when he brought his family into the training facilities at Hawthorn in 2019, nine years after his employment ended.
Similar to Peterson, Miller-Lewis alleged he was repeatedly isolated from his Indigenous family and friends, but was especially directed to stay away from his wife and their young child.
Despite concerns from family members his mental health was deteriorating, the club allegedly refused to allow Miller and the child to move to Melbourne from Perth to be with Miller-Lewis.
The statement of claim also alleged a non-Indigenous player asked Bradley Hill a question about his wife using an offensive and inappropriate term. Hawthorn allegedly did not take action.
Egan, who was approached by Burt to act as an Indigenous mentor and adviser, alleged that despite his position, he was never included in decision making about the Indigenous players and told not to intervene when one of the Indigenous players had personal issues.
Hawthorn either did not respond or act on opinions Egan expressed about Indigenous issues, the statement alleged.
After Adam Goodes was booed by a crowd in May 2015, Rioli, Anderson, Hill and Shaun Burgoyne asked Egan to pass on a request that Hawthorn CEO Stuart Fox release a statement.
When Luke Hodge, another player, made the statement instead, the men said they intended to boycott the next game.
During a meeting with Egan to discuss their views, Clarkson allegedly invited himself, discouraged them from the boycott, and derailed the meeting by singing a song about Rioli with his guitar.
The statement of claim alleged Hawthorn “took no steps” to support its Indigenous players in the wake of Goodes’ treatment.
Around May 2022, Hawthorn commissioned the Binmada review into the cultural safety of past and present players, which found instances of negligence and human rights abuses between 2010 and 2015.
Although it made a public statement, Hawthorn did not apologise.
In October of that year, the AFL appointed an independent investigation panel to investigate the allegations further. While it was eventually terminated by agreement with the complainants, the independent panel acknowledged the “hurt, pain and anguish”.
After being approached by a journalist on the findings, Burt allegedly said he has “nothing to be sorry for” and posted on his Facebook page that the Binmada report was a “disgrace”.
The players are seeking damages, including aggravated damages, by compensation, an apology, and a declaration that Hawthorn engaged in unlawful discrimination and would not do so again.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
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