Nicky Winmar, the AFL legend known for his courageous stand against racism, has stepped up to co-lead a landmark class action against the Australian Football League (AFL). This lawsuit, spearheaded by fellow Indigenous player Phil Krakouer, alleges the AFL has failed to protect players from systemic racism, affecting Indigenous athletes over decades.
Filed in the Supreme Court by Krakouer—who played 141 games for North Melbourne—the class action seeks justice for many former players who claim to have experienced racism, racial vilification, discrimination, and abuse within the AFL from 1975 to 2023. It aims to hold the league accountable for its negligence toward racism issues.
At the latest court hearing, it was revealed Winmar, already involved as one of the plaintiffs, has expressed his desire to join Krakouer as co-lead plaintiff. This enthusiastic endorsement of the case follows Winmar's powerful legacy, particularly his iconic protest against racism during a game against Collingwood back in 1993, where he lifted his jersey and proudly declared, "I'm black and I'm proud to be black," as he pointed to his skin.
Class action lawyer Michel Margalit highlighted Winmar's significance, noting, "Nicky Winmar has been a trailblazer through our time. He really stands to fight to eradicate racial vilification in the game, to make it a safe place for all football players." His gesture from 1993 became emblematic of the fight against racism and was later immortalized with a statue outside Perth Stadium.
During the court proceedings, Phil Krakouer’s barrister, Melanie Szydzik SC, indicated the potential for Winmar to be officially recognized as co-lead. "We are currently considering if this is beneficial for the class action," she stated, acknowledging the importance of Winmar’s involvement.
The court did not shy away from the contentious issues at play, as barrister Mark Costello KC for the AFL raised concerns over delays, stressing the need for the legal process to move forward. He questioned Winmar’s ability to join the lawsuit due to his involvement with another legal matter concerning concussions, indicating the complexity surrounding this class action.
Despite the AFL's contention, the plaintiffs remain steadfast. Winmar’s addition could potentially solidify the case, as he brings significant experience and perspective from his own battles with racial discrimination throughout his career. Legal discussions will continue over the next few weeks, with adjustments to be made to the plaintiffs’ claims against the league.
Already, more than 1,000 former Indigenous players and their families are eligible to join the action. They aim to shine light on the abuse faced, which has often been brushed aside by the league's leadership for decades. The historical claims involve more than just verbal slurs; they purport to address physical confrontations received from both players and spectators who aimed to intimidate Indigenous athletes.
Winmar’s situation is echoed by plaintive expressions from other players. Phil Krakouer has recounted harsh experiences, stating he faced regular racist name-calling and physical confrontations during his games. The statement of claim filed reveals shocking instances, including times when he was physically attacked, and how he and his brother endured horrific mockery from crowds.
While the AFL released statements recognizing Winmar’s influential role as a fighter against racism, they have indicated their intention to contest the class action vigorously. The AFL acknowledged there have been problems with racism within the sport’s history and expressed their commitment to address such harm, but they dispute the notion of negligence over the past several decades.
Winmar spent significant years at St Kilda and continued until 1999, when he concluded his career with the Western Bulldogs. His legacy as not only a player but also as a pivotal figure against racism remains strong. He is often hailed as one of the catalysts for the AFL’s first racial vilification policy established back in 1995, following the awareness raised from incidents like his own.
The case has drawn attention to the urgent need for change within the league, amid growing concerns about societal attitudes toward racism. Legal experts and activists are watching closely, noting this lawsuit could challenge the institutional structures of power within the AFL.
Margalit expressed her confidence as the legal teams prepare for the next steps: “We are finalizing our approach as we assess the pathways forward for enhancing our claim,” she remarked.
With the court adjourning proceedings to allow for the necessary legal adjustments, the push for justice against racial abuse within AFL has grown stronger with Winmar's leadership. The plaintiffs, fueled by past grievances and Winmar’s valiant history, are ready to reshape their narrative and legacy within Australia’s beloved game.