By Jake Niall
The inquiry into allegations of mistreatment of First Nations players at Hawthorn has already cost more than $3 million.
An AFL competition source close to the matter and speaking on condition of anonymity because of its confidentiality said spending by Hawthorn, the AFL and the game’s insurers was “north of $3 million”.
Another football source had estimated an even higher figure.
Alastair Clarkson and Chris Fagan, pictured in 2015.Credit: AFL Photos
The question of which party foots sections of that enormous bill – which could grow further – is the subject of continuing discussions between Hawthorn and the AFL, which is yet to declare whether the Hawks will be penalised.
While interested parties believe there is little prospect that the Hawks will be penalised with a loss of draft picks, the AFL can push for the club to pick up a larger share of the bill given the AFL’s view that Hawthorn’s management of the scandal has caused pain for all parties.
In effect, mandating that the Hawks pick up a larger share of the bill would be tantamount to a fine.
This figure of more than $3 million could rise further given that a group of players and their ex or current partners have lodged complaints with the Human Rights Commission and could still reach financial settlements with Hawthorn in future.
To date, the AFL has borne the cost of establishing and employing the four-member panel and a number of lawyers from two separate law firms paid to either examine the evidence, or act for the panel.
Gordon Legal, run by influential former Bulldogs president Peter Gordon, acted for the AFL in investigating the evidence, while Strongman and Crouch were representing the four-member panel chaired by Bernard Quinn, KC.
The bill would be higher if not for the fact that the complainants, the ex-players and partners, are having their cases handled pro bono by Arnold Bloch Liebler.
The AFL announced on May 30 that there would be no action taken or case to answer for ex-Hawthorn (and current) coaches Alastair Clarkson and Chris Fagan or ex-welfare manager Jason Burt after examining the evidence. The evidence was re-examined by former judge John Middleton before the AFL cleared that trio of any wrongdoing under the league’s rules.
Clarkson, Fagan and Burt had strenuously denied the allegations from the outset.
The ex-Hawthorn officials have much of their legal costs covered by the insurer, under the policy that covers club directors and employees. Clarkson, his lieutenant Fagan, Burt and ex-football manager Cam Matthews qualify for that form of coverage. These individuals all have had legal representatives engaged for several months.
But it is unclear what portion of that $3 million-plus bill will ultimately be covered by the insurance.
Last week, police charged Phillip Egan, the former Richmond player and author of the original report that sparked the investigation, with more than 70 fraud offences over allegations he siphoned hundreds of thousands of dollars from Murray Valley Aboriginal Co-operative.
Egan had told the ABC in February that the police investigation was baseless and insisted he would be cleared of any wrongdoing.
“This investigation, I guess, is not an opinion-based one,” Egan said. “It is a fact documented. It’s about documents. It’s about truth, and I’m 100 per cent confident that my documents will hold up against these inquiries.”
Hawthorn declined to comment when contacted.
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