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AFL terminates investigation into alleged racism at Hawthorn, making no adverse findings against Alastair Clarkson and Chris Fagan - ABC News

A panel investigating historical allegations of mistreatment of First Nations players at the Hawthorn Football Club has concluded, making no adverse findings against former coaches Alastair Clarkson and Chris Fagan, and ex-welfare manager Jason Burt.

The AFL said the First Nations players and families involved in the probe had reached an agreement and "wish to resolve all differences with the AFL".

As a result, the investigation has wound up with no charges brought against any person.

The panel, headed by chairman Bernard Quinn KC, was announced by the AFL in October in response to the findings of a cultural safety review commissioned by Hawthorn, which uncovered allegations of mistreatment of the club's First Nations players.

The AFL investigation stalled for eight months, with both the coaches and Hawthorn families confirming they had not been formally interviewed by the panel when it was wound up.

No adverse findings have been made against Chris Fagan (left), Alastair Clarkson (centre) or Jason Burt.()

During the period covering the allegations, Clarkson was senior coach, Fagan was an assistant and served as football boss, while Burt was the club's welfare manager.

All three men have continually denied allegations of wrongdoing, but Burt on Saturday confirmed aspects of one family's story in an interview with The Age, saying the coaches "overstepped the mark"

McLachlan says inquiry took a toll

Speaking at a late-night press conference, AFL CEO Gillon McLachlan said the investigation had taken a toll on all involved. 

"From the moment that the Hawthorn Football Club's Binmada report was leaked without any opportunity for input from the persons against whom serious allegations were made, it has been a period of high distress for all parties," he said.

AFL CEO Gillon McLachlan told media the investigation caused "hurt" to all parties.()

"The AFL wishes to reiterate and acknowledge the significant emotional toll it has taken on everyone affected by this complex and delicate situation — those who told their stories and those who stood accused — and the public nature of how it has played out since late September 2022.

"With this backdrop, any investigation was going to be challenging."

Mr McLachlan said there was "no financial component" to the agreement.

"I think this is one of the more challenging things that I've seen in the game," he said.

"I just want to acknowledge the pain and the toll of all involved.

"I go back to this report being leaked in the way that it was, it was always going to be a difficult period."

A statement from Hawthorn said the club welcomed the decision.

"It has been a complex and delicate situation for everyone," it said.

"We acknowledge that it has had a significant emotional toll on all those involved.

"The club is committed to continue to listen and learn to ensure we create an inclusive environment for our First Nations people."

Complainants 'feel heard', McLachlan says

When the AFL announced its investigation in October 2022, its independence came immediately under fire by lawyers representing affected families.

A lawyer representing one of the families, Judy Courtin, questioned the investigation's independence.

"An inquiry that is paid for and established by the AFL, and absent of any input from my clients, is not and cannot be independent," she said at the time.

But Mr McLachlan defended the investigation, describing it as "difficult and imperfect".

Former coaches Alastair Clarkson (left) and Chris Fagan were subject to allegations.()

"An independent body was the right panel here with appropriate composition and diversity, and skill sets," he said.

"It has been a long process but they were very serious allegations, and today at least we have a resolution."

He said the defendants had been "cleared" and the complainants "feel heard".

Two weeks ago, Marque Lawyers tweeted a response to the news the AFL was looking to disband the investigation.

"Our client, 'Amy', the principal victim of what happened at Hawthorn, sees this simply as further confirmation of the rightness of her decision to stay out of the AFL's hopelessly compromised "investigation" process. It has descended to farce, and she wants no part of it," the tweet read.

Neither Dr Courtin's nor Marque's clients participated in the AFL investigation. They are currently weighing up civil litigation claims.

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2023-05-30 09:57:34Z
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