The Hawthorn investigation has stalled due to an impasse over the release of private documents which the First Nations ex-players and partners have not agreed to hand over for use by Alastair Clarkson, Chris Fagan and ex-welfare manager Jason Burt in their defence against allegations.
The panel investigating the alleged mistreatment of First Nations players and partners at Hawthorn has revealed, via a statement, how the former Hawk coaches and Burt had made requests for documents from Hawthorn and did not wish to be interviewed by the panel until they had received the requested information.
Alastair Clarkson and Chris Fagan in 2015.Credit: AFL Photos
But the four-member panel appointed by the AFL to run the inquiry also said the participants – which means the relevant ex-players and partners – had recently informed them that they did not agree to having certain documents containing “personal, sensitive or private information” handed over to Clarkson, Fagan and Burt, who have strenuously denied allegations made against them.
“Those participants (players and partners) have been asked to identify documents which they object to providing to other participants because they contain personal, sensitive or private information protected from disclosure by relevant privacy and related laws,” Bernard Quinn, chairman of the panel, said in a statement obtained by this masthead before full release.
“The panel was recently informed by these participants that they do not agree to the provision of any of these documents to any other participants prior to mediation.
“This objection was made on the basis that the production of documents at this time prejudices the prospects of successful mediation.
“Documents provided to the panel which are not subject to privacy concerns have been provided to relevant participants.”
Quinn confirmed that Clarkson, Fagan and Burt had not asked to be interviewed by the panel and did not wish to do so until they had received the information they had requested.
“The panel has not received a request to be interviewed from any previous HFC coach participating in the investigation and was informed at an early stage that those participants did not wish to be interviewed before they had received relevant documents and had an opportunity to consider them in the preparation of written statements responding to any allegations against them,” he said.
Taking the unprecedented step of explaining some of the investigation’s progress and issues, the panel chairman also said:
- Hawthorn, which had been reviewing a staggering 37,000 documents, was expected to finish “production” of the documents “within a couple of days” for the investigation.
- The panel had appointed barrister, Kate Eastman SC, and former Aboriginal and Torres Strait Islander Social Justice Commissioner, Mick Gooda, as co-mediators to run the mediation.
- He called media reporting of 18 demands that had been made by the ex-players and their partners inaccurate. “Participants were invited to articulate their objectives of any mediation process but, contrary to media reporting, no specific conditions have been placed by the panel on those choosing to participate.”
- The panel had received and analysed 20 statements of evidence and conducted interviews with “multiple participants”.
Quinn also said: “To date, significant progress has been made, although not always at the pace that we, or the various stakeholders, would prefer.”
In the statement, Quinn said: “The panel notes that former HFC coaches participating in the investigation sought to be provided with relevant documents before they could meaningfully engage with the investigation. The panel agreed to that request and, in consultation with all participants, requested the production of 78 categories of documents from HFC in early 2023, requiring the club to review some 37,000 documents. The panel understands that HFC will have finalised its document production exercise within the next couple of days.
“All documents provided by HFC to the panel to date have been reviewed by the panel for their relevance to the investigation. Relevant documents concerning participants who have made complaints against HFC and its previous coaches and officers have been provided to those participants’ lawyers.”
The panel hoped that the mediation would resolve the issues between all parties.
This masthead can reveal, via separate sources familiar with the investigation, that the panel has proposed May 23 as the date of the mediation and Adelaide as the proposed venue.
Sources with knowledge of the situation also confirmed that John Middleton, the former federal court judge who presided over the Essendon case in 2014 that the Bombers lost in a battle with ASADA, had been engaged by the AFL to assist in helping the parties mediate.
Hawthorn have indicated a willingness to enter mediation and to settle with the ex-players and partners, though the players and partners also want improvements in handling racism and related issues by the AFL and all clubs.
Quinn said in the statement: “The panel sincerely hopes a mediation of the matters presently being investigated can lead to a resolution of issues between participants. The panel has encouraged participants to approach the proposed mediation with an open mind, with cultural sensitivity and in the spirit of conciliation.”
Hawthorn have been contacted for comment.
In a measure of the wish of the panel and the AFL for the inquiry to be as independent as possible, the panel even has its own legal representative in Andrew Bailey from Strongman and Crouch.
The players who have chosen to be part of the investigation, including Cyril Rioli, are being represented by Arnold Bloch Leibler’s Leon Zwier, who assisted Collingwood with the Do Better report.
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