No swift North Melbourne return for Clarkson despite end of AFL inquiry

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North Melbourne coach Alastair Clarkson is expected to continue his break from coaching despite the AFL’s racism inquiry making no findings that he had breached league rules.

The AFL made no findings against Clarkson, Chris Fagan and Jason Burt on Tuesday night as it announced it had reached an agreement with families involved in allegations of historical racism at Hawthorn.

Clarkson’s manager tweeted on Wednesday night that his client was relieved with the end of the investigation.

“Thank you North Melbourne for your care and support of Alastair,” his manager, James Henderson, said in the tweet. “He is relieved that this investigation is over with no findings against him. His wellbeing remains his priority and we will not be making any public comment at this time.”

Alastair Clarkson has stepped away from football indefinitely.Credit: AFL Photos

Clarkson stood down indefinitely from his position as the Kangaroos’ senior coach a fortnight ago to focus on his physical and mental wellbeing.

North Melbourne president Dr Sonja Hood said in a letter to members that ending the inquiry without findings against Clarkson was “a just outcome, albeit one that was a long time coming”.

“We’re happy for him to take as much time away as he feels is necessary,” Hood said.

Lawyer Leon Zwier, acting for some of the Hawthorn families, said on Wednesday he would take the case to the Human Rights Commission. It was unclear if all parties, or only some, would join this action.

Alastair Clarkson with Chris Fagan (left) in 2011.Credit: Sebastian Costanzo

He said the families were not seeking a financial payout. There was also no financial compensation sought or received as part of resolving the AFL inquiry.

Marque Lawyers managing partner Michael Bradley, who is representing one of the members of a family involved in the Hawthorn review, said the AFL had achieved nothing in its settlement with those who agreed to participate in the investigation process.

Players and partners known by pseudonyms Ian, Liam and Jacqui made submissions to the AFL inquiry, but those with the pseudonyms of Zac and Kylie and Amy did not, their legal representatives questioning the investigating panel’s independence.

The moves came as the AFL turned its focus from closing the inquiry led by Bernard Quinn KC to an investigation of Hawthorn’s role in the handling of the racism case.

The AFL’s investigation of Hawthorn for the way it managed the matter prompted Hawks president Andy Gowers to say he would be “extremely disappointed” if the league sought to impose sanctions on the club. He would not rule out Hawthorn taking their own legal action if the league sought to impose penalties that they considered unfair.

Gowers stressed that the club was well intended when it commissioned Phil Egan to conduct a welfare check of players and eventually received a cultural safety report including untested allegations of serious incidents.

The AFL Players Association on Wednesday said the AFL’s inquiry process was complex but flawed and the league needed to establish a new human rights framework for preventing and responding to racism and other human rights concerns.

“In our view, the investigation process was flawed. The investigative process was not truly independent of the AFL, as the AFL retained, and ultimately exercised, their extensive rights and controls. There was also a lack of clarity for participants as to the process and potential remedies,” AFLPA chief executive Paul Marsh said.

The AFLPA wants a human rights policy and framework established with the AFL to take it out of club hands and to be able to deal appropriately when other issues invariably arise.

“Until this work is done, we hold considerable fears that players and other members of our industry who suffer racism, sexism or other forms of exclusion or discrimination will be hesitant to raise concerns or share their experiences,” Marsh said.

The AFL on Tuesday reached an agreement with former Hawthorn players and their families acknowledging and apologising for the hurt for their experiences at the club and ended the inquiry into the treatment of First Nations players and families at Hawthorn between 2010-2016.

Clarkson, Fagan and Burt had strenuously denied all allegations against them and maintained their innocence. Fagan released a statement on Tuesday night criticising the “farce of the process”, and re-asserting his innocence in saying that he, Clarkson and Burt had suffered a “travesty of justice”.

It also emerged that lawyers for Clarkson, Fagan and Burt planned to seek an injunction this week in the Supreme Court to halt the AFL inquiry before the league negotiated the resolution of the matter on Tuesday.

The lawyers believed that internal Hawthorn documents, which had been released to the parties in the inquiry process, exonerated their clients, and with no prospect of findings against them for breaching AFL rules they wanted the inquiry halted.

Two sources involved in the matter, who did not wish to speak publicly, said AFL chief executive Gill McLachlan requested the lawyers give him until Thursday to reach a settlement before they took the application to the Supreme Court.

McLachlan thought a resolution of the inquiry was close and the injunction unnecessary. The settlement was then reached on Tuesday.

The AFL was approached for comment and while they were aware of discussions regarding various possible legal avenues they declined to comment.

The deal comes eight months after the ABC published a story containing interviews with First Nations players who had taken part in the review commissioned by the Hawks.

In a statement at the time the ABC report was published, Clarkson said: “I was not afforded any due process and I refute any allegation of wrongdoing or misconduct and look forward to the opportunity to be heard as part of the AFL external investigation.”

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