Krakouer leads AFL racism action

Jarred Cross Published September 26, 2023 at 10.30am (AWST)

Indigenous former VFL/AFL players have launched a major class action for damages over on-field racism faced throughout their careers.

Headed by Claremont (WAFL) and North Melbourne champion Phil Krakouer, the group includes a number of others whose careers span from 1975 and 2022.

The AFL were served documentation in mid-September with the case lodged in the Victorian Supreme court.

Alongside Mr Krakouer an additional six former players made up the initial group who are seeking compensation and procedural change within the game to stop current and future footballers from enduring the same experiences.

More players have made inquiries to their legal representation in the period since.

After beginning his career in the WAFL, Mr Krakouer played 141 games and kicked 224 goals for North, and played seven games for Footscray, in a VFL/AFL career spanning 1982 to 1991.

Mr Krakouer said he wants the AFL to be made accountable after their failure to act during this time and decades either side.

"This case means we are finally being heard. Racism has been swept under the carpet for too long," he said in a statement.

"For decades Aboriginal and Torres Strait Islander people and people of colour have been racially abused while playing AFL, and we feel the AFL sat back and watched it all go by."

"I was a 22 year-old kid that tried out for the big league. I was completely naïve and full of dreams. I was hoping that great things were going to happen. It was a professional sport and the AFL allowed us to be abused and traumatised.

"We signed up to play football, not to be racially abused. Racism is not part of the game. It goes so far beyond sledging."

Mr Krakouer said he and others have been "deeply affected" by what they heard and wish to see a different environment in the game.

"The lack of support from the AFL made it worse. We want our experience to be validated by the AFL. We don't want to feel like victims anymore. All we were doing was playing footy," he said.

"The AFL had the power to stop it, and they have the power to stop it ever happening again."

"Sorry doesn't cut it. They have to make sure this never occurs again, for everyone. You can't improve present and the future without addressing the past. I want to ensure the game is better than when I played."

Margalit Injury Lawyers, the same firm who lodged a landmark concussion class action against the AFL earlier this year, are managing the case.

Managing director Michel Margalit believes they have a strong case.

"Racial vilification has been a known tactic of play within AFL games. This tactic is reprehensible and has caused lifelong scars to our clients. The AFL failed to take adequate action, even in the face of laws condemning such behaviour," she said in a statement.

She said her clients have "courageously shared their deeply personal stories" of racism suffered through their careers.

Aside from verbal abuse, it is alleged spitting and physical violence also occurred with the league fully aware.

"These players often began playing AFL football as teenagers. They were there to play football and live out their dreams. Instead, they were taunted and racially vilified and left out in the cold to defend themselves," Ms Margalit said.

"Playing professional football came at the costs of being subjected to the most unacceptable racial abuse. On the football field, our clients were unable to walk away, and unable to retaliate.

"The damage and hurt runs so much deeper, and our clients have been left with permanent trauma as a result.

"The pain caused by racial abuse can never be erased. It is time that the AFL properly acknowledged the trauma these former players experienced and compensate them appropriately."

Ms Margalit echoed Mr Krakouer in saying the treatment went well beyond sledging.

The writ issued states it was "foreseeable" to the league the players "would suffer injury loss and damage as a consequence of the impugned conduct towards them", the immediate and long-term consequences from the racial abuse on the players and the need to take action to protect them from these consequences.

It identified negligence with a list of breaches of duty from the league.

Mr Krakouer was said to have incurred medical and like expenses, an impaired capacity for employment, and loss of earnings as a result of his experience.

The group are seeking damages, without a figure at present, further orders deemed appropriate by the court and an undertaking of procedural change by the league to protect future players.

It was reported the AFL had not received any formal documentation on the matter as of the day following their lodging.

Margalit Injury Lawyer disputed this, and received what is believed to be an automated email response from the league confirming they had.

Ms Margalit told National Indigenous Times any Indigenous footballers or players of colour were encouraged to contact them if needed.

The AFL Players Association chose not to comment on the specific case, but respect the rights of all players to take legal action as they see fit.

National Indigenous Times contacted the AFL for comment.

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