No adverse findings made in Hawthorn racism case as AFL ends investigation
Outgoing CEO Gillon McLachlan has announced a new CBA for the AFL. Photo: Twitter/AFL
The AFL has announced no adverse findings against Alastair Clarkson, Chris Fagan or Jason Burt over the Hawthorn racism allegations.
But that only closes one chapter in the matter, with legal action now appearing certain and Hawthorn itself set to come under AFL investigation for how it handled the initial claims.
On Tuesday night, AFL chief executive Gillon McLachlan called a snap media conference to announce the independent inquiry investigations into the bombshell claims would end.
The inquiry had reached an impasse given it could not find common ground between the parties involved.
Fagan, Alastair Clarkson and Burt were cleared of breaching AFL rules during their time at Hawthorn.
Clarkson, Fagan and Burt all vehemently denied any wrongdoing.
Later, Fagan blasted the Hawthorn racism investigation process as a farce, saying he was vindicated and would welcome the chance to test the claims in a public court.
The Brisbane Lions coach issued a strongly worded statement within minutes of the AFL announcement.
Fagan said the leaking of the initial allegations to the media, the AFL investigation and further media leaks were a “travesty of justice”.
While Fagan, Clarkson and Burt were not party to the agreement reached by six of the complainants, the AFL and the inquiry panel, the Lions coach said those matters are “fully justified”.
“I have always categorically denied all the allegations against me. The allegations are false. I am completely innocent,” he said.
“I am happy for any of my conduct and any documents to be aired publicly in a public court or proper public process and let someone impartial decide what is true and what is false,” he said.
“I have made no concessions. There are none to make … I have done nothing wrong.”
Fagan added he bore no grudges against the complainants.
“I am conscious this farce of a process cannot have been easy on those First Nations people who were complainants,” he said.
“Those whom I knew, I hold no grudges against and hold only a wish that whatever pain they are suffering can be healed over time.”
The question now is whether the AFL will take action against Hawthorn over their conduct.
McLachlan said the way Hawthorn handled the process where initial allegations were made put many parties involved in a “hugely vulnerable situation”.
The most serious of the accusations is that an Indigenous player was told to encourage his partner to have an abortion.
The Hawks saga started last year after former Indigenous star Cyril Rioli and his wife Shannyn Ah Sam-Rioli publicly claimed they were treated poorly during their time at the club.
That prompted a Hawthorn review of current and former Indigenous players, which led to the bombshell racism claims being leaked to the media last September.
Hawthorn released a statement on Tuesday night, saying they welcomed the decision to end the inquiry.
Hawks president Andy Gowers will hold a media conference on Wednesday.
Gowers’ predecessor Jeff Kennett, who left the role last year, was quoted in the media as saying he was “profoundly disappointed” by McLachlan’s comments about the AFL potentially taking action against the Hawks.
Clarkson is on leave from his new role as North Melbourne coach due to the stress of the racism saga, while Burt works at a Melbourne school.
Tweet from @AFL
In a lengthy statement, the AFL said: “No adverse findings have been made in the independent investigation against any of the individuals against whom allegations have been made.
“The complainants wish to resolve all differences with the AFL.
“As a result of this agreement, the complainants do not wish to pursue the independent panel Investigation (which they wholeheartedly supported), or make any claims against the AFL in any other process or court in relation to their allegations.
“The complainants agree that their allegations should not be further investigated by the independent panel.
“The AFL has now terminated the independent panel investigation with the consent of the complainants with no charges to be brought against any person subject to the AFL rules as a result of the Independent Investigation.”
But significantly, the AFL itself noted separate legal action could still happen.
“The AFL is only able to impose sanctions for breaches of AFL rules on persons subject to the AFL rules and respects the right of the various parties to the investigation (and those who decided not to participate) to pursue claims in other legal forums,” the league said.
“Today’s outcomes do not interfere with those rights.”
The AFL also did not rule out taking its own action against Hawthorn.
“This agreement does not preclude the AFL from bringing a charge under AFL rules against Hawthorn with respect to the commissioning and oversight of the Binmada Report,” it said.
On Saturday, Burt was the first of the trio to break his silence, giving an extensive media interview about the allegations.
He strongly denied the most serious of the accusations that an Indigenous player had been told to encourage his partner to have an abortion.
The Hawks saga started last year after former Indigenous star Cyril Rioli and his wife Shannyn Ah Sam-Rioli publicly claimed they were treated poorly during their time at the club.
That prompted a Hawthorn review of current and former Indigenous players, which led to the bombshell racism claims being leaked to the media last September.
The AFL set up the four-person inquiry eight months ago.
-With AAP
