The Hawthorn racism scandal could be heading to the Federal Court, with reports Alastair Clarkson and Chris Fagan have been hit with a list of demands.
In a list leaked on Friday, it was revealed the racism complainants have issued 18 demands as part of mediation – including an acknowledgment, explanation, apology, public apology and reparation.
But for those aspects of mediation to be completed, it would require Clarkson and Fagan, among others allegedly involved, to admit their guilt in the saga – something they both strenuously deny.
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According to the Herald Sun’s Mark Robinson, “if mediation collapses – and it will if Alastair Clarkson and Chris Fagan are unwilling to participate – the scandal is destined for a hearing in the Human Rights Commission, which is under the umbrella of the Federal Court.”
Earlier this week Fagan responded to reports he and North Melbourne boss Alastair Clarkson rejected mediation.
While Fagan did not categorically deny rejecting mediation, due to a confidentiality agreement he has signed, said he has “not said those words to anybody, that I’m not going to participate in whatever process comes up in the future”.
“I’m really keen for this, for us to progress the process, but I do want to make sure that whatever we’re involved in is fair and just to all parties,” he said on AFL 360.
“But I’ve had no discussion with my lawyers in the last week or so about mediation processes and whether or not we’ll be in them. I just have to leave it at that, that’s about all I can say.”
According to Robinson’s Herald Sun report, “an imperfect storm is brewing” – with WorkSafe also involved in a separate investigation, interviewing the author of the initial racism report Phil Egan this week.
The report claims the 18 demands for both coaches, former Hawks staffer Jason Burt and the football club are: truth-telling, acknowledgment, explanation, apologies, apologise for conduct of others, public apologies, contrition, education, revised club practices and policies, AFL racism review, recommendations, compensation fund, re-capitalisation of the compensation fund, claims process, reparations, joint media statement, non-disparagement agreement and termination of all legal claims.
Both Fagan and Clarkson have denied the damning racism allegations that include bullying, misconduct and inappropriate conduct, that first emerged back in September last year.
Fox Footy’s Gerard Whateley said he feared the investigation into the matter was “going nowhere”.
“There must be some scenario in which it’s not actually possible to land the suitable outcome for a broad community and then try to construct a football resolution within that,” he said on AFL 360.
“This seems like it’s going nowhere. There’s certainly no information that suggests that it’s going anywhere and to listen to Chris Fagan last night where it has to be ‘fair and just to all parties’, even in the bits and pieces I know, I don’t know how you fulfil that brief.”
