Indigenous former top level footballer to sue AFL and alleged perpetrator of sexual abuse in Supreme Court

Andrew Mathieson
Andrew Mathieson Published April 2, 2026 at 11.30am (AWST)

Warning: This report refers to sexual abuse and self-harm.

Lawyers for a First Nations former top-level footballer will argue in court that their client's life has spiralled out of control over the AFL failing to address an alleged rape that occurred when he was a young player in a junior competition.

Daniel Hayes, who spent time on Melbourne Football Club's senior list, was a promising player in the AFL's TAC Cup.

He has accused a former assistant coach from this time, Mark Heaney, of getting the then 17-year-old drunk at a team barbecue and sexually assaulting him in 2005.

Arnold Thomas & Becker Lawyers issued a legal writ in the Supreme Court of Victoria directly against the AFL and Mr Heaney, a former Eastern Ranges under-18s mentor.

The writ, which was first issued in 2024, alleges Mr Hayes was raped at Mr Heaney's own home following the post-game gathering once other guests, his Ranges teammates, had left for the night.

"After the barbecue, unfortunately, he was raped by Mark Heaney and since then, he's suffered tremendously in his life," Arnold Thomas Becker lawyer Aleksandar Dukovski had first told Nine News ahead of the initial writ landing with the Supreme Court.

Mr Heaney, a former senior AFL employee, has consistently denied the allegations.

The allegation is not the first levelled at Mr Heaney. He relocated to Northern New South Wales as a regional talent manager from 2009 until 2013 and was accused of a similar act and jailed in 2014, involving a 13-year-old Sydney Swans academy recruit.

Mr Hayes is suing the AFL, as the principal operator of the Eastern Ranges, with Arnold Thomas & Becker Lawyers arguing that the social gathering where the alleged abuse took place was part of post-match events after his under-18s side were eliminated from that year's finals.

"They have a duty of care to protect Daniel and a duty of care to make sure he was safe while trusting them to help him through his professional career," Mr Dukovski said.

The latest court documents from March 2026 allege that: "As a result of the abuse, (Hayes) self-medicated with drugs and alcohol. He has made three suicide attempts", while Arnold Thomas & Becker Lawyers also arguing "but for the abuse, (Hayes) would have continued with the Melbourne Demons".

As part of the civil claim at the Supreme Court, Mr Hayes is seeking financial compensation of the earnings he could have possibly made in the AFL and to also cover medical costs to address his ongoing mental health struggles.

Mr Hayes first spoke out publicly, saying that he "hit rock bottom".

"I put a lot of trust in Mark (Heaney), which makes me sick saying that," Mr Hayes said.

"He derailed everything - I walked out on my dream."

The legal action comes about after Victoria Police have publicly said they have been unable to find enough evidence to charge Mr Heaney for a criminal case over the allegations from Mr Hayes, though police investigations remain open.

Mr Hayes, now 37, turned to drugs and alcohol for the first time in his life after the delisting from Melbourne following just one AFL season.

AFL lawyers asked Mr Hayes in an out-of-court deposition how much he drank on the night of the rape allegation and why he didn't leave the barbecue, in what Thomas Arnold & Becker Lawyers told the ABC amounted to "victim-blaming".

The lawyers also argued that questions suggesting Mr Hayes' background as a former foster child was to blame for his challenges rather than the alleged sexual assault had "stereotyped" Mr Hayes.

Melbourne once suspended Hayes, the rookie-listed player, for an "indefinite" period early during the 2007 season - just over one year after the alleged sexual assault. The National Indigenous Times does not suggest that Melbourne Football Club administration were aware of the alleged assault prior to taking disciplinary action.

Demons general manager of football operations at the time, Chris Fagan, now the Brisbane Lions coach, informed supporters on the club website at the time that Hayes failed to meet the demands of the AFL system.

"We've taken this action because of Daniel's repeated failure to attend training through January and February (of 2007)," he said then. "He did so without making contact with the relevant officials at the club. This is a breach of our code of conduct."

Club player development manager, Ross Monaghan, and club psychologist, Anthony Klarica, had said they worked to assist Hayes in adapting to the requirements of AFL football since he arrived at the club months earlier, but he had failed to respond positively.

The AFL and AFL Players' Association were notified of the club's decision and its reasons at the time.

The National Indigenous Times sought the AFL for comment over the action taken by Mr Hayes this week, and has asked for more detail from Arnold, Thomas & Becker.

A directions hearing is scheduled for this month.

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National Indigenous Times

Disclaimer: This function is AI-generated and therefore may mispronounce.