AFL's Independent Panel warns witnesses in Hawthorn racism investigation to maintain confidentiality

Andrew Mathieson Published February 3, 2023 at 4.46pm (AWST)

The AFL-appointed Independent Panel has issued a warning to past Hawthorn players that evidence submitted to its investigation into alleged racist behaviour must remain confidential.

The caution has come after a source, believed to be one of the 18 players who made submissions to the inquiry, leaked "very specific information" including names of participants in the probe to the media.

A number of former Indigenous and non-Indigenous players and their partners have made written submissions into allegations that multiple First Nations players at the club were mistreated across a decade that included four of its AFL premiership years.

The source has said some confidential submissions from retired players had been in defence of former coach Alistair Clarkson and football manager Chris Fagan, who have strenuously denied a series of accusations that includes that a First Nations player was encouraged to have his pregnant partner terminate her pregnancy.

"Pursuant to the investigation's terms of reference all participants in the investigation and their advisors, to whom (the) evidence collected in the investigation has been provided, have signed confidentiality deeds," the panel said in a statement.

"These deeds prohibit the provision and use of confidential information received by participants and their advisors except for particular permitted uses. Provision of confidential information to journalists is not a permitted use and is in breach of the obligations of confidence created by the confidentiality deeds.

"The publication of confidential information known to have been provided in breach of obligations of confidentiality may also have adverse legal consequences. All participants and their advisors have today been reminded by the panel of their confidentiality obligations."

Cyril Rioli, who had previously refused to come forward with evidence as long as the AFL played any part of an independent panel, was revealed to have had a change of heart and since agreed to the panel's terms for the investigation.

The icon of the game quit the Hawks, aged just 28, after falling out over inappropriate conduct within the club, including former president Jeff Kennett's offensive remarks to wife Shannyn Ah-Sam Rioli once at Launceston Airport about wearing ripped jeans.

Hawthorn later apologised to the Riolis, leading the club to commission a confidential internal review from Indigenous consultant, Phil Egan, which was initially also leaked to the media, prompting action from the AFL for a second report. The Tiwi Islander reportedly would only open up to Egan on witnessing racism from 2008 until 2018 at his estranged club.

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