A four-person panel,led by Bernard Quinn,KC,will lead the investigation,but the five families who have made complaintshave yet to confirm whether they have confidence in the process and are willing to participate in the hearings.
AFL football operations chief Andrew Dillon,also a potential successor to league chief Gillon McLachlan,said on Tuesday that clarity was expected within days.
“What I would like to say about the Hawthorn review is,again,it’s an independent review,so it will be conducted at an arm’s length from us. We have got Gordon Legal advising us,so they are sitting between the AFL[and the families],so I am not aware of that. But if you look at the timeline of reference,we should have clarity in relation in to who is going to participate potentially by the end of this week,” he said.
Leading lawyer Leon Zwier is representing four of the First Nations families. Lawyer Dr Judy Courtin is acting for one of the families.
Loading
Initial statements are due on November 4. If the investigation finds anyone should be subject to a disciplinary process,that would be separate under AFL rules.
Fagan could be back at work within days,with the Lions board meeting on Tuesday night to discuss if he should officially return to the fold. He had taken a leave of absence.
Dillon said there was no reason “at this stage” why they could not return despite the probe and the release of its findings not likely to finish until December 22.
“I think like what Gillon said on Thursday,it really is a matter for those individuals and the club,and if they are in the right state of mind,they can work it out. It’s really a matter for the club and the individuals,” Dillon said.
Clarkson and Fagan have strongly denied the allegations made against them,and have engaged legal counsel. Clarkson is represented by John Tuck of Corrs Chambers Westgarth,while Fagan has Scott Sharry of Clayton Utz. They have been awaiting a copy of the Hawthorn report and the identities of the former players and their families making the claims.
The terms of reference will allow the panel to determine whether there was inappropriate conduct,including racist behaviour,bullying,inappropriate intrusion or control over the family,cultural and/or non-football lives and wellbeing of players,their partners,friends and families.
Racial stereotypes by Hawks staff would also be considered inappropriate. This may encompass behaviour includingcomments alleged to have been made by former president Jeff Kennett towards Cyril Rioli’s partner,Shannyn Ah Sam-Rioliover her torn jeans.
It will also examine claims that club staff made demands or pressured players about their living arrangements,relationships,freedom to travel interstate or have visitors from interstate;and whether they removed SIM cards or controlled a player’s phone.