Hawks probe hurdle
Lawyer airs doubts
THE lawyer representing a woman who has refused to participate in the AFL’s independent investigation into historical claims of racism at Hawthorn says he is unaware of anyone who has so far committed to participate.
The day after the woman – known only as “Amy” to protect her identity – revealed she would not take part in the “unsafe” investigation, her lawyer cast further doubt on the validity of the league’s inquiry arguing it would struggle to “achieve anything of much practical use”.
Marque Lawyers managing partner Michael Bradley said that he expected other families to decline to take part.
While Bradley and Marque Lawyers were representing only Amy – the former partner of an ex-Hawthorn player – the lawyer said his firm was in contact with two more firms acting for others impacted.
“My understanding is that certainly at least one of the other families has already said that they’re not participating,” Bradley said on SEN.
“As for the rest, I don’t know. As far as I know nobody has actually committed to participate at this point.”
Amy’s lawyers outlined a “long list of concerns” to the AFL about the investigation process and how the league could make it safer for her to participate.
Questioning the independence of the investigation, Bradley said one suggestion had been to appoint a body such as the Human Rights Commission to investigate.
The AFL launched its independent investigation after harrowing claims against key Hawthorn officials in the Hawks’ cultural safety report.
Former Hawthorn coach Alastair Clarkson, who started his role at North Melbourne this week, and Brisbane Lions coach Chris Fagan have denied all allegations levelled at them.
Bradley said it was unlikely the investigation would be able to achieve an “adequate outcome” if central figures did not want to participate.
“If the central figures, or some of them, are not involved then it is not going to be able to achieve that much,” he said.
“There was always only a very limited capacity of this particular form of process to do that. This is an internal AFL disciplinary investigation, in effect, that’s limited in its jurisdiction and that’s the choice that’s made.
“But I think it is going to be difficult to achieve anything of much practical use. You have got a group of people who have already come forward and disclosed and shared their trauma and they are at risk every time they are asked to re-perform that trauma.”
Amy’s lawyer said she had agonised over whether to take part, but she had to “protect herself first and foremost”.
Bradley said there were serious concerns over the privacy of his client and others involved being at risk.