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The AFL says several Hawthorn past players and families have agreed to take part in their investigation into racism at the club but there were no “separate agreements” to get them involved.
On Friday a group of ex-Hawks called on the AFL to address the problems of racism across the sport more broadly.
“It’s not just a Hawthorn problem, just like it wasn’t just a Collingwood problem,’’ an open letter read.
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“Address the issue of racism in the AFL directly and purposively. The next crisis may be yours.’’
In a statement the league said: “We confirm that a number of participants have advised they will take part in the Investigation, chaired by Bernard Quinn KC and acknowledge it is their decision based on the terms of reference released on October 20, 2022. The AFL has not come to any separate agreements with any participants in relation to the terms on which they take part in the investigation.
“The work by the four-member panel has already begun and will continue to work with the various participants.
“As we announced when we released the Terms of Reference for the Independent Investigation, the AFL is committed to working together as an industry to coordinate a wider response that ensures we have a culturally safe environment across all our clubs and within the AFL industry.
“It is important to note that the wider industry response that was previously announced is a separate piece of work that will continue to be worked on by the AFL and, while it will be informed by the Panel’s work, it is not part of the Independent investigation process.”
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It comes as the lawyer for one of those to make allegations against former Hawthorn officials defended his client’s decision not to participate in the league’s investigation.
‘Amy’ — a pseudonym used for the person’s confidentiality — released a statement via her legal firm Marque Lawyers this week, labelling claims the investigation will be independent “a lie”.
In addition, the statement said Amy had relived trauma since the allegations went public.
Michael Bradley, representing Amy, confirmed once more in an article for Crikey that Amy “will not be participating” in the review, which he claimed the AFL was conducting “under its rules”.
“Trauma victims have no obligations whatsoever, beyond protecting their own safety and well-being,” Bradley wrote.
“She has spoken her truth and accepted the risks that entails. She has rights, which she is not obliged to pursue but may choose to in her own time.
“She has no duty to the AFL, no duty to help it enforce its own rules.”
The AFL in October appointed a four-person panel to investigate the allegations, headed by senior lawyer Bernard Quinn KC and involving barristers Jacqualyn Turfrey, Tim Goodwin and Julie Buxton.
While the league has stressed the importance of the panel being “able to complete its work independently of the AFL”, Bradley claimed such hopes were misplaced.
“It is not independent of the AFL,” he wrote.
“The barristers conducting the investigation will of course act independently and with integrity; nobody is suggesting otherwise.
“But they have been selected and commissioned by the AFL, their terms of reference written by the AFL, their report will be to the AFL, and the AFL will control its release.
“The AFL’s own lawyers are assisting them and acting as gatekeepers of all the evidence they will consider. Independence is not solely a question of fact, but also one of impression.”
Amy, he wrote, “has no reason to trust the AFL.”
Bradley also claimed the league’s terms of reference for the investigation were rushed and that the final terms released “are materially different from anything we’d seen.”
“The AFL has made its choice. And Amy has made hers. It’s not her investigation, and it will deliver nothing that benefits her.
“It would definitely cause her harm. She has done what anyone thinking rationally would do: protect herself.”
Addressing any perceived injustice against those who have been accused, Bradley wrote: “They’re big boys — white men — with access to every resource they could ever need to pursue and vindicate their rights.”
“Amy has spoken her truth. That is where her responsibilities end. If you are among those demanding more of her, you don’t know what trauma is.”
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