‘The AFL’s defence hurts’: Krakouer slams league’s response to racism case

3 months ago 14

The AFL has denied responsibility for alleged on-field racism against Indigenous players, declaring the risks were akin to those in the wider community.

The league has lodged its defence in the Supreme Court of Victoria in response to a landmark class action brought by former Indigenous star players Nicky Winmar and Phil Krakouer.

The statue of Nicky Winmar’s famous stance against racism stands outside Perth’s Optus Stadium.

In a 33-page submission presented by the AFL’s lawyers Gordon Legal, the league says “devising, putting in place and maintaining any relevant ‘safe system of work’ was not the responsibility of the AFL”.

The AFL says “that risk of racist abuse occurring in the course of matches within the AFL competition was comparable to the risk arising in other fields of endeavour and areas of life”.

However, the league admits that both men were “from time to time exposed to and subjected to physical and verbal racist abuse from players and spectators whilst playing in matches in the AFL competition”.

Margalit Injury Lawyers managing principal Michel Margalit, who is leading the class action, said the players deserved meaningful compensation.

“The AFL’s defence is hurtful to many First Nations players who experienced racism in the game,” Margalit said.

“The racism suffered by many First Nations players was extreme, and has left many players with permanent traumatic injuries. For the AFL to shirk responsibility in circumstances where they were aware of the racist abuse and failed to act, contradicts the stated goals of the league to fight racism and create a more inclusive sport for everyone.

“The AFL has the opportunity to lead by the way in which it conducts its defence. We continue to invite Andrew Dillion to engage in realistic settlement discussions, and to meaningfully listen to and understand our clients’ experiences of racism in the game and the permanent harm it causes them and their families.”

The AFL followed up its defence with a statement on Friday, saying it would continue to “work through” the class action and support work against racism and discrimination at all levels of the game.

Nicky Winmar has spoken out against racism.

“The AFL respects and values all people in our game and is continually working to improve and promote football environments that reflect that respect and maintain standards that are unaccepting of discrimination, in all forms,” the league said.

“As a code, we are privileged to have had hundreds of Aboriginal and Torres Strait Islander players who have played our game. We fully acknowledge during our long history of the game there has been racism in Australian football and that players have been marginalised, hurt or discriminated against because of their race, and for that, we have apologised and continue to apologise and will continue to act to address that harm.

“We do not agree with the Margalit Lawyers claims that the VFL/AFL has been conducted negligently over the past 47 years and we will defend those claims.”

But Phil Krakouer criticised the league’s response.

“The AFL’s defence hurts,” he said in a statement on Friday.

“We couldn’t defend ourselves against racism in the AFL. We were in an impossible position – if we fought back, we were often reported and suspended. The AFL could have done something and they chose not to.”

The class action has Winmar, the former St Kilda and Western Bulldogs great, and Krakouer, the former North Melbourne star, as the lead plaintiffs. It also includes Krakouer’s brother, James Krakouer.

They are among a group of Aboriginal and Torres Strait Islander VFL and AFL players seeking recompense for alleged racist abuse suffered during their football careers. They allege injury, loss and damage, claiming the AFL failed to provide a culturally safe environment, leaving them susceptible to racial abuse from spectators and opposition players.

To be included in the class action, a player must have featured in the then VFL, and now AFL, from May 1980 to October 9, 2025, and identify as an Aboriginal or a Torres Strait Islander person and be of Aboriginal or Torres Strait Islander descent.

The Supreme Court has ruled that judicial mediation cannot occur before March 16 next year.

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