Clakko & Co: family destruction allegations

Football Discussion Non Essendon Stuff
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Defence now filed by HFC but not yet published.

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Defence now filed and available

Rioli v Hawthorn Football Club: Online File (fedcourt.gov.au)

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Thanks for posting. I’ve waded through it without understanding the legal bits.
There are lots of references to ‘vague and embarrassing’ claims for rejecting some documents or part docs. Is it a common legal term?
I also got the impression that the lawyers consider the term ‘culturally safe’ isn’t capable of being interpreted or applied in the context of harm caused.

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Far out, these allegations are something else.

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Something else as in, seemingly totally unfounded?

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Embarrassing pleadings are ones which do not make clear their grounds, so that attempting to respond to them is prone to error.

It doesn’t neatly fit the Racial Discrimination Act definitions and part of HFC’s argument (at 251(d)) is that even if cultural harm occurred (which they deny) this harm is not based on race. Which sounds like a long bow to me.

The defence is almost entirely a denial of the allegations, with a few exceptions like Kennett’s ripped jeans comment and Clarkson asking why some indigenous are blacker than others. There is extra information/context which if true makes some lesser complaints look disingenuous. There is no admission to any coaches’ meeting with Peterson being called once they knew his partner was pregnant. On the major issues it may come down to cross-examination.

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Thanks.

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Some of the numbers below may be screwed up by the forum software.

At that meeting:
(c) Mr Burt said words to the effect: “Carl, being a father is a huge responsibility and we don’t think you’re ready to be a father”;
(d) Mr Clarkson said words to the effect: “Carl, you need to break up with Nikita and focus only on your football”; Mr Clarkson said words to the effect: “unless you break up with her and tell her to terminate the pregnancy, your football career will be in jeopardy”;
(e) Mr Fagan nodded his head during the meeting;
(f) Mr Peterson should give them an answer in the next hour or so.
53. Mr Peterson then:
(a) left the office and went to an area where Hawthorn usually held press conferences;
(b) was highly distressed and anxious about what he had been told;
(c) did not consider, in light of what he had been told and in the circumstances in which he was told those things, that he realistically had any option but to
comply;
(d) called Ms Rotumah and said to her words to the effect that he could not be with her anymore and that it was not a good idea that she have the baby.
54. Mr Peterson then said to Mr Clarkson and Mr Burt words to the effect that he had told Ms Rotumah that it was not a good idea to have the baby and not a good idea for them to see each other.

Particulars
This discussion occurred approximately half an hour or more after the initial meeting. Mr Fagan was not present for this discussion.

  1. Mr Clarkson and Mr Burt then said to Mr Peterson words to the effect that Mr Peterson would be staying at Mr Burt’s house for a few days.
  2. Mr Burt then drove Mr Peterson to Mr Burt’s house.
  3. On the way, Mr Burt:
    (a) purchased a sim card;
    (b) said to Mr Peterson words to the effect that it would be best that Mr Peterson was not able to communicate with his family anymore so he could be 100 percent focused on his training.
  4. Mr Peterson, believing he needed to comply with Mr Burt’s instructions, then stayed at Mr Burt’s house for a number of nights in an upstairs room.
  5. During the time he stayed at Mr Burt’s house, Mr Peterson felt that he was being locked away from the outside world and that the only interaction with others that was permitted by Hawthorn was with his teammates at training.
  6. About a week later:
    (a) Mr Burt and Mr Flood, met with Ms Rotumah and her mother at Birdy Num Num’s cafĂ© in Carlton;
    (b) Mr Burt said to Ms Rotumah words to the effect that Hawthorn had encouraged Mr Peterson not to be a father at this time.
  7. Ms Rotumah did not terminate the pregnancy.
  8. In October 2009, Mr Peterson and Ms Rotumah resumed their relationship.




  1. After Mr Peterson’s son was born, Mr Clarkson:
    (a) visited Mr Peterson’s home in Templestowe;
    (b) said words to the following effect: “this house is nice, you have the kids’ artwork up and it’s nice and clean. You should invite your teammates over for dinner and things. For all they know you’re living in a shack in the desert somewhere.”




  1. Mr Clarkson:
    (a) travelled to Darwin to visit Mr Rioli;
    (e) said words to this effect: “be careful not to have babies and understand that your career has just taken off and that a child will disrupt your career or potentially end it”




  1. Mr Jed Anderson:
    (a) is a Warramungu man
    (b) was drafted by Hawthorn in around October 2012;
  2. Mr Anderson’s partner Ms Nicki Anderson:
    (a) is non-Indigenous;
    (b) came down to Melbourne from Darwin to visit Mr Anderson in late November 2012 and also stayed at Mr Rioli and Ms Ah Sam-Rioli’s home;
    (c) was, at the time, around 5–6 months pregnant.
  3. On the same day Ms Anderson arrived in Melbourne and went to Mr Rioli and Ms Ah Sam-Rioli’s home, Mr Clark[son] and Mr Burt attended the home unannounced with another Hawthorn employee. Mr Rioli and Ms Ah Sam-Rioli were present for this visit.
  4. In the course of that visit, Mr Clarkson:
    (a) said to Jason (Mr Rioli’s cousin) words to the effect that he was to go upstairs;
    (b) said to Ms Anderson, in the presence of Mr Anderson, Mr Rioli and Ms Ah Sam-Rioli words to this effect: “Nicki, it’s in the best interests of Jed and Cyril that you do not stay here”
  5. Mr Clarkson then said to Mr Anderson and Ms Anderson words to the effect that they should pack Ms Anderson’s bags and that Ms Anderson should meet them outside as she had to return to Darwin immediately.
  6. In March-April 2013, Ms Ah Sam-Rioli emailed Mr Burt suggesting that Hawthorn should undertake Cultural Awareness and Safety Training.

[Mr Burt ignored the suggestion despite reminders.]




  1. At the end of the 2013 season:
    (a) At an end of season player’s trip, an Indigenous player (Mr Bradley Hill) was asked by a non-Indigenous player (Mr Grant Birchall) whether Mr Hill’s partner was also a “boong”;

[Ms Sam-Rioli consequently felt culturally unsafe at Hawthorn]

  1. In 2017, Mr Rioli’s father had a heart attack and Mr Rioli and other family members, including Ms Ah Sam-Rioli, gathered in Alice Springs.
  2. Mr Clarkson, unannounced, attended the Alice Springs hospital where Mr Rioli’s father was located.
  3. During his visit to Alice Springs, Mr Clarkson said to Mr Rioli words to this effect: “why do these Aboriginals have darker skin that you?”




  1. On or about 2 June 2018:
    (a) Ms Ah Sam-Rioli attended Hawthorn’s game in the Indigenous round at Launceston Oval, Tasmania;
    (b) in the Launceston airport after the game, Mr Kennett said to Ms Ah Sam-Rioli, concerning her ripped jeans, words to this effect:
    (i) “can’t you afford to buy thread?”
    (ii) while grabbing his pocket, “I’ll give you change so you can afford to buy thread to stitch those jeans up”

[Mr Rioli considered retiring early]

  1. On or about 25 June 2018, Mr Rioli received a text message from an employee of the Hawthorn media team, Clare Pettyfor, which was to the effect (inter alia) that Mr Rioli and Ms Ah Sam-Rioli had to sit down with Mr Kennett or Hawthorn would leak the story to control the narrative.

  2. After his retirement, from around 19 July 2019, Hawthorn used Mr Rioli’s image in its Reconciliation Action Plan without his consent or otherwise consulting him.




  1. Mr Miller-Lewis:
    (a) was drafted to Hawthorn in the 2014 national rookie draft;

  2. In or about December 2014 at the Hawthorn facilities at Waverly Park, Mr Miller-Lewis had a conversation with Mr Matthews, in which conversation:
    (a) Mr Miller-Lewis told Mr Matthews that Ms Lewis was pregnant;
    (b) Mr Matthews said words to the effect that he was shocked by the pregnancy and that Mr Miller-Lewis needed to let Mr Burt know immediately;

  3. On or about the same day, Mr Miller-Lewis then had a conversation with Mr Burt at the Hawthorn facilities at Waverly [sic] Park, with Mr Matthews present, in which conversation:
    (a) Mr Miller-Lewis told Mr Burt how excited he was for the arrival of his first child and stated that he was ready to be a father;
    (b) Mr Burt said:
    (i) “are you really ready to be a father?”, or words to that effect;
    (ii) that it would be very challenging for Mr Miller-Lewis to be a father and a footballer so early in his career;
    (iii) words to the effect that he was shocked by the pregnancy.

  4. On 20 January 2015, Hawthorn permitted Mr Miller-Lewis to travel back to Perth to be with Ms Lewis for the birth of their child.

  5. Although Mr Miller-Lewis wished to stay with Ms Lewis and their new baby, because of the call from Mr Matthews Mr Miller-Lewis returned to Melbourne shortly thereafter.

  6. On or about 2 February 2015, Ms Lewis:
    (a) became ill with mastitis;
    (b) had an allergic reaction to the antibiotics prescribed to treat the mastitis.

  7. On or about 5 February 2015:
    (a) Ms Lewis’ mastitis became so severe that her right breast burst and most of the breast tissue was hanging out of the wound;
    (c) Ms Lewis received major surgery, requiring her to remain in hospital until around 9 February 2015.

  8. Neither Mr Matthews nor any Hawthorn employee asked if Mr Miller-Lewis would like
    to return to Perth to be with Ms Lewis and their baby as Ms Lewis recovered, or offered Mr Miller-Lewis any other support in connection with Ms Lewis’s health issues.

  9. On or about 6 February 2015, Mr Miller-Lewis and Mr Matthews had a number of conversations in which:
    (a) Mr Miller-Lewis asked for permission to stay with Ms Lewis in Perth, rather than at the team accommodation;
    (b) Mr Matthews said words to the effect that Mr Miller-Lewis was not allowed to stay with Ms Lewis and that he had to stay with the team;
    (c) Mr Miller-Lewis repeated his request a number of times;
    (d) Mr Matthews rejected these repeated requests.

  10. In defiance of the position expressed by Mr Matthews, Mr Miller-Lewis:
    (a) did stay with Ms Lewis and their baby on the trip to Perth for the Indigenous All Stars game;
    (b) woke at around 4am each day so that Ms Lewis could drop Mr Miller-Lewis back at the team accommodation.

  11. After Mr Miller-Lewis’s return to Melbourne from the Indigenous All Stars game, but during the first half of 2015:
    (a) Mr Miller-Lewis and Ms Lewis made requests of Mr Matthews that Ms Lewis (and the baby) be permitted to visit Melbourne;
    (b) the requests were made 2 to 5 times per month;
    (c) Mr Matthews refused each request;
    (d) Mr Matthews, on one occasion of refusing such a request, said words to Ms Lewis to the effect that, for Ms Lewis and their baby to visit would be a distraction to Mr Miller-Lewis’s career;

  12. Around April 2015, Ms Miller, approached Mr Matthews with a proposal that she and Ms Lewis (and the baby) move to Melbourne to provide Mr Miller-Lewis with the support of his immediate family. Hawthorn refused.

  13. In April or May 2015:
    (a) Ms Lewis and the baby travelled to Melbourne and stayed with Mr Miller-Lewis at the Egans’ house;
    (b) at the end of the visit, Mr Miller-Lewis and Ms Lewis decided that Ms Lewis and the baby should stay in Melbourne;
    (e) Mr Matthews and Mr Burt telephoned Mr Miller-Lewis and each said words to the effect that Ms Lewis needed to get on a flight back to Perth immediately
    and that she had no other option;

  14. Two days after Ms Lewis’s return to Perth, Mr Matthews informed Mr Miller-Lewis that he had to attend a meeting.

  15. A meeting then occurred at which:
    (a) Mr Burt and Mr Matthews were present;
    (b) no indigenous liaison officer or support person for Mr Miller-Lewis was present;
    (c) Mr Burt said to 142. Two days after Ms Lewis’s return to Perth, Mr Matthews informed Mr Miller-Lewis that he had to attend a meeting.

  16. A meeting then occurred at which:
    (a) Mr Burt and Mr Matthews were present;
    (b) no indigenous liaison officer or support person for Mr Miller-Lewis was present;
    (c) Mr Burt said to Mr Miller-Lewis words to the following effect:
    (i) “Jermaine, you failed that test”;
    (ii) Mr Miller-Lewis needed to be “more cut throat” when it came to his
    family;
    (iii) Mr Miller-Lewis would need to “choose between [his] family and [his]
    career at the Club”; words to the following effect:
    (i) “Jermaine, you failed that test”;
    (ii) Mr Miller-Lewis needed to be “more cut throat” when it came to his family;

[The father of Mr Miller-Lewis became mortally ill; Hawthorn did not respond to requests by Mr Miller-Lewis to see him before he died.]

  1. In August 2016, Mr Miller-Lewis and Ms Lewis:
    (a) learned that they were expecting a second child;
    (b) did not tell Hawthorn.




  1. Mr Egan is a Yorta Yorta/Bangerang, Wiradjuri and Gunditjmara man.

  2. In 2012:
    (a) Mr Burt approached Mr Egan to act as an Indigenous mentor/adviser to Hawthorn’s Indigenous players.

  3. Despite Mr Egan’s duties, throughout Mr Egan’s engagement and employment at Hawthorn:
    (a) Mr Egan was not included in decision-making about the Indigenous players in respect of whom he was engaged and employed to advise and mentor;

(b) Mr Egan was told not to intervene or follow up with one Indigenous player – Mr Lance Franklin – experiencing issues in his personal life;
(d) Hawthorn regularly did not respond to, or act on the opinions Mr Egan expressed about Hawthorn’s actions regarding Indigenous issues;
(g) Mr Egan was not invited with other Hawthorn staff to celebrate any of the three premierships Hawthorn won while he was employed;
(h) Mr Egan never met with Mr Clarkson or Mr Fagan.

[After Hawthorn fans booed Goodes, Rioli+Burgoyne+Anderson+Hill asked Egan to request a statement by the Hawthorn CEO and President, Nothing happened, until several days later Hawthorn issued a statement by Luke Hodge.]

  1. Hawthorn Indigenous players Mr Rioli, Mr Burgoyne, Mr Anderson, Mr Hill and Mr Wanganeen then informed Mr Egan that they:
    (a) considered Hawthorn’s response to the booing incident to have been inadequate;
    (b) intended to boycott the following game.
  2. On or about 27 May 2015, Mr Rioli, Mr Burgoyne, Mr Anderson, Mr Hill and Mr Miller-Lewis attended Mr Egan’s home at his invitation to discuss their views of Hawthorn’s response the booing incident and their intention to boycott the following game.
  3. Mr Clarkson:
    (a) invited himself to the meeting at Mr Egan’s home;
    (b) imposed himself on, and derailed, the meeting, by bringing his guitar and singing a song about Mr Rioli;
    (c) discouraged the players from going through with the boycott.

Particulars
The group of players and Mr Egan were sitting around Mr Egan’s dining table, discussing the potential boycott, when Mr Egan received a phone call from Mr Clarkson asking if he could come over to Mr Egan’s house. Mr Egan consented. One minute later, Mr Clarkson knocked on the door and entered the house with his guitar.

  1. Early in the 2015 grand final week:
    (a) Mr Egan telephoned Mr Burt and said words to the effect of asking how Mr Egan was to get his wristband to be able to enter the team change rooms after the game;
    (b) Mr Burt said to Mr Egan words to the effect that Mr Egan would not be able to access the rooms as access was only for players’ families;
    (c) Mr Egan said words to the effect that he was family to the Indigenous players;
    (d) Mr Burt did not respond.
  2. Mr Egan’s employment with Hawthorn ceased in 2015 when he resigned two weeks after the grand final.


 and much much more.

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Hawthorn’s defence re: Peterson is basically that he was an alcohol and drug addict.

re: Rioli, they say he forgave Kennett two days before he retired waaaaay too early. Cyril was probably just thinking “thank ■■■■ I never have to talk to this ■■■■ again”.

re: Miller-Lewis, they provided help after they delisted him.

Then there are a million “admits or denies” individual paragraphs. I’m not going through and matching up all of them, and any article out now hasn’t done so yet.

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I get that this is probably outside of this area now, but why isn’t this a workplace/employment law case?
I.e. why the ■■■■ are my bosses rocking up at my house?

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Jeepers, doesn’t read well at all.

But is any of that actual evidence that can be presented in court or just he said she said?

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Hawthorn have settled with the indigenous players after mediation and Hawthorn have issued an apology.

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IMG_0458
IMG_04581427×1668 378 KB

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That’s just Hawthorn right? That doesn’t include Clarkson or Fagan?

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From what I heard - Hawthorn only.

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The family club

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Hawthorn have settled their Federal Court case with Indigenous former players and their families, apologising for their experiences at the club, and reaching a financial settlement.

After two days of mediation this week, the club settled with Cyril Rioli, Shannyn Ah Sam-Rioli, Jermaine Miller-Lewis, Montanah-Rae Lewis, Carl Peterson and Leon Egan.

“Hawthorn is sorry and apologises that the former players, partners, and their families, in either pursuing a football career, or in supporting such a person, experienced ongoing hurt and distress in their time at the club,” the Hawks said in a joint statement with the former players, staff and family members.

“Hawthorn accepts that the allegations were made in good faith, and has heard, respects, and accepts that they represent their truths.

“Hawthorn remains committed to providing a safe environment for First Nations peoples and the elimination of all forms of racial discrimination.

“No person should suffer to pursue a career in football. By the former players, partners, and their families sharing their truths and raising their allegations, this has provided valuable learnings for the club and has greatly assisted the club in improving its processes, education and the care it provides to each First Nations player and their support persons.

“The fact the former players, partners and their families feel the way they do about their time at Hawthorn will continue to guide how the club interacts with and supports First Nations peoples moving forward.”

The matter ends the Federal Court action which had already cost the Hawks millions in legal fees. The players and their families were paid an undisclosed sum as part of this settlement, which exceeds the earlier Hawthorn offer of about $50,000 to each of the six parties, or about $300,000 in total.

Hawthorn were facing a further significant final hit in court costs – potentially millions – to continue to defend the matter.

The Federal Court action by the players and families was against Hawthorn Football Club and did not include the former coach Alastair Clarkson, ex-football manager and now Lions premiership coach Chris Fagan, former welfare manager Jason Burt, former football operations official Cam Matthews or the AFL. They’ve all consistently denied any wrongdoing.

The Hawks are not involved in any legal action with Clarkson, Fagan, Burt or Matthews but there is a question over who covers any outstanding legal costs for defending themselves in the matter.

Wednesday’s joint-statement outlined changes the club had made since the complaints from the players over their experiences at the club were first made.

These changes include establishing a First Nations Advisory Committee; developing and implementing a First Nations strategic plan with expertise and advice from First Nations advisors, with experience from the AFL, Victorian Equal Opportunity & Human Rights Commission and the Victorian Government.

They had also expanded the role of the Indigenous Player Development Manager, which now incorporates Head of Indigenous Affairs.

The new Kennedy Community Centre had been designed to ensure a culturally safe environment by re-locating the established Tyetdji Yulk cultural room currently at Bunjil Bagora, Waverley Park, to a prominent position at the new Dingley centre.

The club is also exploring building an outdoor community and ceremony space at Dingley.

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Financial settlement eh? guess something happened egregious enough for the club to decide to pay up

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Hopefully they used that $1 million from winning that bullshit trophy this season (where Brisbane were by and large the better club overall between both competitions) on the settlement.

Fark Hawthorn.

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AFL learnt from their monumental farkup during the saga. Here they blame the “club” but protect the coaches (even though the complaints were directly at clakkko & fages).
Similarly, they should’ve protected hirdy, bomber and the players and blamed the club for mismanagement and our (and the AFL’s) ineffective managerial oversight of our HPD.

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