But the stench may linger with him, in the context of the reference in the AFL statement to the effect that the AFL can only charge those subject to AFL rules (Clarkson and Fagan do come within the rules as AFL current AFL joint employees, Burt no longer).
Letter from Chris Faganās lawyers played part in ending of AFLās Hawks racism investigation
A letter from Chris Faganās lawyers to Leon Zwier, representative of the First Nations families, helped flip the AFLās Hawthorn racism probe on its head. SEE THE FULL LETTER HERE.
Mark Robinson and Michael Warner
2 min read
June 1, 2023 - 7:19PM
News Corp Australia Sports Newsroom
AFL: Jason Burt has revealed the some of the allegations made during the racism scandal were not indigenous Australians
A legal letter sent by lawyers for Brisbane Lions coach Chris Fagan on Sunday helped turn the Hawthorn racism scandal on its head.
The email informed the four First Nations families at the centre of the saga that Fagan was set to launch a Supreme Court injunction against the AFL and its independent investigation panel.
The families were told that the move would see them become ādefendantsā in a court battle over the racism probe where they would be identified āby nameā.
The Fagan letter was described by one support person as a factor in the familiesā decision to agree to a deal with the league.
If successful in achieving an injunction, the AFLās independent investigation would have come to an immediate end.
Lions coach Chris Fagan. (Photo by Dylan Burns/AFL Photos via Getty Images)
The email from Clayton Utz partner Scott Sharry and senior associate Stephen Hurford to the familiesā lawyer Leon Zwier reads: āOur client intends in the week commencing 29 May 2023, and no later than Thursday, 1 June 2023, to commence a proceeding in the Supreme Court of Victoria for orders in the nature of permanent injunctions restraining the continuation of the investigation.
āThe proceeding ā¦ will include each of your clients as defendants, identifying each by name, on the basis that they are (with others) necessary parties because they are directly affected by the relief to be sought.
āThe proceeding to be filed will not disclose any āinformationā as defined in the Deed concerning your clients other than their names.
āAs the proceeding progresses, however, additional āinformationā will be disclosed as part of the proceeding. Your clients will be notified in advance of each disclosure pursuant to the Deed.ā
EMAIL FROM CHRIS FAGANāS LAWYER TO LEON ZWIER
EMAIL 28 MAY 2023
Mr Leon Zwier
Partner
Arnold Bloch LeiblerDear Mr Zwier,
Investigation into allegations of inappropriate treatment of Hawthorn Football Club players and their families ā(investigationā)
We act on behalf of Mr Chris Fagan in relation to the investigation.
We understand that you act on behalf of the following participants in the investigation:
(a) (Name redacted)
(b) (Name redacted)
(c) (Name redacted)
(d) (Name redacted)
(e) (Name redacted)
(f) (Name redacted)If you do not act for any of these people please advise of this urgently so that we can take the appropriate steps to give them the notice set out in this letter.
Our client has signed a confidentiality deed poll (Deed), as have relevant lawyers in our firm and our clientsā counsel. We enclose for your reference a copy of the Deed signed by our client.
The purpose of this letter is to notify your clients, pursuant to clause 2 (f) (I) of the Deed, that:
(a) our client intends in the week commencing 29 May 2023, and no later than Thursday 1, June 2023, to commence a proceeding in the Supreme Court of Victoria for orders in the nature of permanent injunctions restraining the continuation of the investigation;
(b) the proceeding referred to above will include each of your clients as defendants, identifying each by name, on the basis that they are (with others) necessary parties because they are directly affected by the relief to be sought. The proceeding to be filed will not disclose any āinformationā as defined in the Deed concerning your clients other than their names. As the proceeding progresses, however, additional āinformationā will be disclosed as part of the proceeding. Your clients will be notified in advance of each disclosure pursuant to the Deed.We consider there to be no reasonable basis for your clientsā names not to be disclosed in the proceeding to be filed by our client. If, however, your clients contend to the contrary, we invite your clients pursuant to clause 2 (f) (II) of the Deed to explain their contention and their proposed course of action by 4.00 pm on Monday, 29 May 2023. In the absence of this our client will proceed on the basis that your clients do not disagree with our clientās position.
We would also be grateful if you would please confirm by 4.00pm on Monday, 29 May 2023 whether you have instructions to accept service on behalf of your clients of the proceedings to be filed by our client. In the absence of such confirmation, we will make arrangements to effect personal service.
8.Scott Sharry, Partner* and Stephen Hurford, Senior Associate
The families discussed the contents of the email with Zwier during a crisis meeting on Monday.
The letter gave the families until 4pm Monday to respond.
The prospect of a deal between the players and their families and the AFL appeared dead in the water on Sunday, but on Tuesday night league boss Gillon McLachlan announced the Hawthorn racism investigation was over and that no āadverse findingsāā were found against former Hawks coach Alastair Clarkson, former club football manager Fagan and former welfare boss Jason Burt.
In turn, the families agreed not to take legal action against the league.
The families, who had been determined to receive an apology from the former Hawks trio, were instead given a generic apology by the league to any Indigenous player who had suffered racism in the history of the game.
At least one of the families involved now regrets agreeing to the AFL deal in the belief they were used as a ā ā ā ā aimed at resolving the eight-month racism dispute.
Fagan during his time at Hawthorn. (Photo by Quinn Rooney/Getty Images)
Fagan engaged law firm Clayton Utz after the scandal erupted in grand final week last year.
The former Hawks footy boss has repeatedly said he would welcome the opportunity to give his side of the story.
āI am not a party to the agreement between the complainants, the investigation panel and the AFL,ā Fagan said in a statement on Tuesday.
āBut I stand vindicated by it. I have made no concessions. There are none to make.
āI have always vigorously defended myself, and will always do so, as I have done nothing wrong.ā
Clarkson, Fagan and Burt have all denied wrongdoing.
Fagan and Zwier were contacted for comment.
5 Likes
Grubby af
10 Likes
Iām not going to participate in your inquiry into whether or not Iām a racist unless you give me these XXX confidential documents.
Further, unless you cancel this investigation, Iām going to ensure your right and preference to remain confidential is blown out of the farkin water.
yours sincerely
great bloke fages
ps Iām not-racist
29 Likes
All while the AFL sits on the āinvestigationā that never even started.
7 Likes
surely the time has come for a government enquiry into the AFL. huge sums of money pass through the AFL, there is huge public interest. they are and always have been a law into themselves and account to nobody.
Seems they operate under a set of rules and laws that they set and change when it suits them regardless of the real world. A lot of peopleās lives are diectly impacted. How are they allowed to continue to operate on their own eco system like they do with no accountability?
22 Likes
What a surprise. He gets things done with threats and bullying.
No wonder his āstatementā came out so quickly.
Hey First Nations guys. Settle this or the rich white dude will send in the lawyers and publicly shame you for voicing your grievances against him in a confidential report.
Shouldnāt he be threatening those who leaked the report? No, go for the jugular.
16 Likes
Sounds a little like a case of put up or shut up?
What the difference with court and the HRC? Do the complainants become named in the HRC?
I think some people in here have had a bit more insight or experience with the AHRC but this is their website that gives a bit of detail around how the complaint handling process works
I have seen criticism from some First Nations people that it is understaffed and under resourced and as a result can often end up being retraumatising (having to repeat your story to different people numerous times), and feel as though theyāre being rushed through due to a high caseload.
1 Like
When you and others refer to the report being leaked - what exactly do you mean? I feel like I missed something. From my understanding, this is a very high level / brief summary
- Cyril and his wife do an interview with the Age newspaper which reflects poorly on Hawthorn
- Hawthorn then engage Phil Egan to reach out to other previous players (āWelfare checkā) and produce a report
- Upon receiving the report, Hawthorn is shocked at what it contains and passes it onto AFL integrity
- Separately, some of the families that were interviewed by Phil Egan then speak to the ABC anonymously, their stories are printed in September 2022 and the whole thing becomes very public
The report wasnāt leaked. The families chose to speak to Russell Jackson.
12 Likes
There is also a Victorian Equal Opportunities and Human Rights Act/Commission which has an indigenous component in its Human Rights Charter.
It does not appear to be complaints oriented, but offers a service to those who consider their rights have been impacted.
Moreover, the Charterās application is limited to the public sector.
We are left with the situation of a NFP private sector organisation which is not accountable, but which nevertheless receives public funding. The establishment of SIA was supposed to provide an avenue for recourse in regard to mistreatment of athletes by their sports bodies but who would trust it?
2 Likes
Iām still confused why HFC are facing draft sanctions/fines etc while Clarkson etc are not sanctioned. Is it the AFL punishing them for not sweeping the report under the rug? I guess I shouldnāt be surprised.
15 Likes
Itās incredibly disappointing that those making the claims of racism feel they have to remain anonymous.
In our media environment they perhaps would not be treated kindly.
I think if faces were put to the horrendous allegations it would actually be harmful to Fagan, Burt and Clarkson.
But i can totally see why they would not want too.
So many unhinged people in Australia towards black fellas
And it came to an immediate end anyway.
Clarkson isnt working right now if you havent noticed.
He retains his position, he is on leave. I bet itās paid leave.
4 Likes
You think heās been forced to take leave? I donāt.
2 Likes
So hawthorn are in the naughty corner for potentially leaking info, yet Fages/old mate fagan/good bloke tm threatens to air all the laundry and he gets away with āno case to answerā or some bullshit like that?!
This corrupt organisation is completely and utterly ā ā ā ā ā ā .
6 Likes
Thatās exactly my understanding too. Havenāt seen anything amounting to leaks of the HFC report.