IT WAS early Wednesday, September 21, 2022 - Grand Final week - when the ABC published serious allegations of mistreatment by Hawthorn officials of Hawks' First Nations players.
It is now Monday, May 8, 2023. Despite pledges from the AFL to reach suitable resolution for all parties in this matter, very little progress has been attained – for those who have made claims and equally importantly for those accused, namely Alastair Clarkson and Chris Fagan, previously coaches at Hawthorn and now in charge respectively at North Melbourne and Brisbane.
I will never back away from criticising the Hawthorn Football Club for its handling of its investigation into racism at its club in 2008-16, no matter what happens from here. Why that period only, and not before or after? And mainly – why not put the allegations to those being accused in the investigation, to allow a right of reply? And why then dump the entirety of it on the AFL, and basically walk away from a situation it created, when it all got too big?
The AFL initially said the matter would be resolved quickly. In installing a four-person independent panel to oversee the matter in early October, it projected an end date to its investigation of December last year.
Late on Sunday, Chris Fagan, through his management, issued a statement to AFL.com.au. It partially read:
"I wish to address recent articles published in the Herald Sun concerning a potential mediation in relation to the Hawthorn investigation commissioned by the AFL.
"The articles contain a number of inaccurate and highly inappropriate comments. I do not intend to address all of these matters. But in the interests of defending myself, I wish to correct the record concerning some of these matters."
FULL STATEMENT Click here to read Chris Fagan's statement
Fagan rejected claims reported in the Herald Sun that he was unwilling to participate in a mediation: "This is wrong. I have never said that I would not participate in a mediation."
Fagan also strenuously denied a separate Herald Sun report that "a lawyer for various complainants in the Hawthorn investigation, Leon Zwier, has put in place 18 demands of me, Alastair Clarkson and Jason Burt, as conditions of a potential mediation".
"No such 'demands' have ever been communicated to me or to my lawyers," Fagan said.
"It would be a matter of concern to me if the report concerning these demands is accurate, as my understanding is that it would be completely contrary to normal practice concerning mediation for a party, or his or her lawyer, to make demands of this kind as a condition of the mediation being held.
"I am giving consideration to attending a mediation. I am willing to consider doing so in good faith with a view to arriving at a consensual resolution, if that is possible. I expect, however, that other potential participants will also approach a potential mediation in good faith."
This issue is as complex as any matter in the history of the game. The time between September last year and today has not made it one bit clearer. Prolonging an end to the independent panel's investigation is not fair on those who have made the allegations, nor on those who are the subjects of the allegations.
There was never going to be a way for the AFL to actually conclude this situation in a manner which was going to satisfy every person associated with it. Hoping, and trying to do so, is clearly not advancing the matter to a conclusion.
Clarkson and Fagan have long needed to be formally interviewed as part of this process, in order to, belatedly, place on record their versions of the claims. Where mediation fits in this investigation is anyone's guess.
While it remains impossible from the outside to foresee the bulk of the panel's findings and suggested sanctions, I maintain that Hawthorn Football Club needs to pay a price for the manner in which it commissioned its own report. I have no doubt it acted with good intent, but not allowing a forum for the allegations to be put to Clarkson and Fagan, and others, and then off-loading the entire matter to the AFL when it became impossible to complete, should not, in my eyes, go unpunished. I believe removal of national draft selections should be considered, no matter what the independent panel concludes.
Seven and a half months have elapsed since the allegations were first made public. There is no known end date to it. There may never be, given the expected legal action that will spin off the findings.
The AFL has already committed to releasing the findings to the public, whenever it is completed. And yet that may just be the start of the legal action, with a near guarantee that multiple individuals involved in the matter will seek further findings through various courts of the land.