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Posted: 2024-08-05 06:16:42

In short:

Three ex-players, along with family members and a former Indigenous advisor, are suing the Hawthorn Football Club.

Cyril Rioli, Carl Peterson and Jermaine Miller-Lewis, who are all Indigenous, are seeking unspecified damages, citing distress, psychological and cultural harm and a loss of earning capacity.

What's next? 

The club is yet to file its legal defence. Club president Andy Gowers has said the Hawks will continue to "work towards a resolution".

Allegations against the Hawthorn Football Club have been outlined in court documents, with Indigenous ex-players claiming they were subjected to a "racist culture" and told to abandon plans to have families.

Warning: This story contains language some audience members may find distressing.

Specific details of the allegations can now be revealed, after the Federal Court of Australia released a statement of claim made by the lead plaintiff in the case, Cyril Rioli, who played for the Hawks between 2007 and 2018.

Rioli, Carl Peterson and Jermaine Miller-Lewis, who are all Indigenous, are suing the Hawks and seeking unspecified damages, citing distress, psychological and cultural harm and a loss of earning capacity.

Some of the allegations have been levelled against former club heavyweights, including premiership-winning coach Alastair Clarkson and general managers Chris Fagan and Jason Burt.

Hawthorn, which is yet to file its legal defence, has been contacted for comment. 

Last week its current president Andy Gowers said the club would continue to "work towards a resolution".

Cyril Rioli celebrates a goal for Hawthorn

Cyril Rioli (pictured), Carl Peterson and Jermaine Miller-Lewis are suing the Hawks.(AAP: Joe Castro)

Clarkson and Fagan, who now coach North Melbourne and Brisbane respectively, have previously denied any wrongdoing and rejected claims of racism. 

Burt has previously said he has "nothing to say sorry for".

Peterson, who was drafted in 2009 as a 21-year-old, alleges in the statement of claim that Burt told him to instruct his partner to terminate a pregnancy so Peterson could focus on his career.

According to the statement of claim, Burt is alleged to have said words to the effect of, "we don't think you're ready to be a father".

Clarkson is also alleged to have said: "Unless you break up with her and tell her to terminate the pregnancy, your football career will be in jeopardy".

Peterson claims Fagan was present at the meeting and nodded in agreement.

Peterson claims he was "highly distressed" by the incident, but his then-partner ultimately decided to go ahead with the pregnancy. He also alleged in the claim that club officials tried to distance him from his family.

A decade later, Peterson claims Clarkson grabbed his son's shirt and pinned him up against a wall during a visit to Hawthorn's training facilities.

Hawthorn staff said 'culturally ignorant' things, claims Rioli

In court documents, Rioli alleged Hawthorn staff regularly said "culturally ignorant" things that left him feeling unsafe, and failed to take action when a non-Indigenous player made a racist comment.

Rioli, who was signed by the Hawks in 2007, alleged in the document that Clarkson called him "Humphrey B Bear" and made comments when he sat together with other Indigenous players.

Rioli claimed Clarkson discouraged him from having a baby with his partner in 2011 because "a child will disrupt your career or potentially end it".

Six years later, Rioli claims he travelled to Alice Springs to visit his father in hospital after a heart attack.

Rioli claims Clarkson turned up unannounced, and later asked him, "why do these Aboriginals have darker skin [than] you?"

Rioli quit the club in mid-2018, following an alleged incident with then-club president Jeff Kennett.

Rioli and his wife Shannyn Ah Sam-Rioli took offence to alleged comments Mr Kennett made about ripped jeans she was wearing.

"Can't you afford to buy thread?" Mr Kennett is alleged to have said.

Player alleges he was told to choose between his family and football career

In court documents, fellow player Jermaine Miller-Lewis also made allegations that club officials did not support him when his partner, who was based in Perth, suffered health complications after the birth of their child in 2015.

Miller-Lewis claims Burt pointed aggressively and yelled at him to choose between his family and football career.

The alleged incident caused a decline Miller-Lewis's mental health, leaving him feeling depressed and isolated from his family, he claimed.

The lawsuit against the Hawks has also been brought by Leon Egan, a former Indigenous adviser at the club, Miller-Lewis's wife Motanah and Rioli's wife Ms Sam-Rioli.

The matter is listed for a first case management hearing in the Federal Court on August 23, before Justice Mark Moshinsky.

The court case comes two years after the allegations were first revealed by the ABC.

The club commissioned a review, which uncovered allegations of mistreatment of the club's First Nations players.

A subsequent AFL-led review later made no findings against Clarkson, Fagan or Burt.

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