AFL club claims Cyril Rioli’s discrimination proceedings are an ‘abuse of process’

In addition to responding to several sensational racism and discrimination allegations, the Hawthorn Football Club says that Cyril Rioli’s proceedings are an abuse of process and cannot go ahead in light of a deed of settlement and release he signed in 2018.

Hawthorn Football Club, represented by Piper Alderman, has responded to several allegations levelled against it by former players Cyril Rioli, Carl Peterson, and Jermaine Miller-Lewis and former Hawthorn Indigenous mentor and adviser Leon Egan.

In the statement of claim, filed in the Federal Court back in July, Rioli alleged he was subjected to culturally ignorant comments, was given a racist nickname, and told not to have children with partner Shannyn Ah Sam-Rioli because it would “potentially end” his career.

The ex-champion also alleged Alastair Clarkson, Hawthorn’s head coach between 2005 and 2021, showed up uninvited to a family event and asked Rioli how “these Aboriginals have darker skin than you”.

In the defence submissions, filed early on Thursday (10 October), Hawthorn admitted Clarkson made the comment to Rioli but did not know “and cannot admit” the allegation relating to having children.

However, if it was said, Hawthorn argued it does not fall “within the scope of employment or authority” and could not “amount to the imposition of an unreasonable condition or requirement”.

Further, the club submitted Rioli’s proceedings were an abuse of process by reason of a deed he signed, which set out Rioli unconditionally releases and discharges the club, the AFL, and others “from all claims no matter how the same arose and on every count which now exist or which but for this deed would exist in relation to the employment” and employment contracts.

Peterson, who had a child with an Indigenous woman, alleged he was isolated from his friends and family and had been told words to the effect that the club was opposed to his relationship.

Hawthorn denied it opposed the relationship and submitted that around April 2010, the club arranged for counselling for the couple.

Further, in its defence, the club made the astonishing allegation that David Flood, the developmental coach at the time, picked Peterson up from Melbourne airport and observed him to be incoherent and under the influence of alcohol or an illicit substance.

Hawthorn also alleged Peterson was delisted in October 2010 after his partner informed them that he had taken marijuana.

Miller-Lewis alleged he was isolated from his family and that the club refused to allow his partner to move to Melbourne to be with him despite concerns his mental health was deteriorating.

The club denied this, telling the court that Miller-Lewis did not need permission from the club for his family to travel or live in Melbourne.

Miller-Lewis also alleged he was given the nickname “JJ” by Clarkson, which referred to a black character from a 1970s television show. While Hawthorn admitted he was given the nickname, it submitted it “did not know and cannot admit” the reference.

In another of the more major allegations made by the former players, Hawthorn was accused of not taking any steps to support them in the wake of Adam Goodes’ treatment during a May 2015 game.

The players said Clarkson allegedly invited himself to a meeting with Egan where he discouraged them from boycotting any games and derailed the meeting by singing a song about Rioli with his guitar.

Save that Clarkson attended the meeting, Hawthorn denied the allegations he derailed the meeting or discouraged the boycott.

The club also claimed the allegation it took no steps to support its Indigenous players in the wake of Goodes’ treatment was “vague and embarrassing and liable to be struck out”.