Controversial former Hawthorn President Jeff Kennett has fired back at Alastair Clarkson, saying he is "totally out of court", as the confusion around the investigation into the alleged racism at the club continues. Kennett heavily rebuffed Clarkson's comments earlier this week when interviewed by 3AW's Wide World of Sport.
As the eight-month long investigation continues to drag on, with no clear timeline or certainty of an outcome, Clarkson launched a stinging attack on the handling of it by all, singling out Hawthorn, calling it "shameful".
Kennett's rebuttal came on Thursday night on 3AW when being interviewed by journalist Sam McClure and Geelong champion Jimmy Bartel, saying all the commentary surrounding the investigation was putting "an end to due process being carried out."
The latest commentary on the saga began on Thursday, when Kennett called the investigation by Bernard Quinn QC, a "farce", saying it has become "a lawyer's picnic." He urged the independent investigation to be abandoned and taken to court.
โThe inquiry was never going to work because it didn't have the powers of a court, it wasn't a royal commission, it wasn't a judicial inquiry,โ Kennett said to the Herald Sun on Thursday.
โIt has turned out to be an absolute disaster for those who have made the complaints and for those who have been accused through the story telling โฆ
โYou have lawyers representing the AFL, the club, the players who have made the accusations, those who have been accused โ and now you have lawyers appointed by the four-man inquiry panel and lawyers appointed to handle the mediation.โ
Following Clarkson's comments, Kennett was at it again on Thursday night in a fiery radio exchange with McClure and Bartel. When asked by McClure if it was possible for the investigation to continue and maintain credibility with everything that has come out in recent months, Kennett was blunt.
โNo, not in terms of this inquiry. The comments yesterday by the chairman (Mr Quinn) were as bad as the leaking of the report we commissioned at Hawthorn to hear the stories from our past Indigenous players ... that hideously put an end to due process being carried out" Kennett said.
"The leaking or the presentation of the chairman's letter to one journalist โ but it said it was a media release โ is another statement that has gone out inappropriately.But more importantly, within what he said, he's admitting he's failed.
"So eight months down the track, this has become an unfair process as it was always going to be a lawyer's picnic and there is no solution. In the comments we've received this week, which was said a lawyer acting on behalf of some of the complainers, have got a list of 18 demands that have got to be met by those accused, without any proof of the accusations against then.
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"That means mediation can't take place. You can't go into a mediation with one side having a whole list of claims and demands without the allegations being put and adjudicated on. This group of poor people โ and I'm sure they're very honest and honourable โ they've been going for eight months.
"The whole cost to the league, the clubs and the individuals is hundreds and hundreds of thousands of dollars, and no solution in sight. It was never going to work, because the four-man panel doesn't have the panel to impose anything upon anyone.
โSo I say, as I indicated in that article tonight, close the thing down for goodness sake. Close it down quickly and if anyone's got any complaints, take it to the appropriate place where it can be properly and fairly judged in the interest of all parties.โ
When asked by Bartel if Kennett would do anything differently regarding the commissioning of the internal investigation at Hawthorn, he was typically combative.
โJimmy, probably not. This investigation and storytelling came about because a family of a past player commented to a journalist in The Age and made comments that indicated they were treated unfairly and maybe even being treated in a racist way.
"Once someone makes those claims โ and they made it publicly, they didn't come to me or any other official at the club I'm aware of. Once those claims are made, you have a responsibility as an employer to see if that claim was an isolated claim, or of it was occurring elsewhere at the club.
โSo we set up an Indigenous man (Phil Egan), who had been recommended to us, to conduct a storytelling exercise. That was to back to our past and current players and find out whether anyone else had felt aggrieved while employed at the club.
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"That person offered confidentiality to those Indigenous players and their families and not all past Indigenous players participated in that process ... many (past Indigenous player) who did in more recent times were very pleased with the culture at the club.
โWhat happened then, when we received the report โ and I can't remember whether it was just before or just after we received it. Someone (or) one of the families gave a story to the ABC, which broke the confidentiality of the whole agreement and it then became a firestorm."
As the interview continued, Kennett became more aggravated, staunchly defending the process undertaken by Hawthorn before the ABC's explosive article was published, before talk turned to Clarkson and his comments.
"No, I'm sorry, I don't agree with that at all. Alastair is totally out of court. We have done everything we can to protect our players. When we found out there was an issue, we tried to see whether it was widespread or not. I can understand Alastair being upset, but those comments are totally incorrect."
As the investigation continues to drag on, it has become even murkier, no doubt adding to the toll it is taking on those involved. It is clear there is still much to play out and with no end in sight, it risks spiralling even further out of control to a messy and unsatisfactory end.