AFL lawyer responds after Nicky Winmar set to be named as co-lead plaintiff in racism class action

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The AFL has responded after it was revealed icon Nicky Winmar could be set to go head-to-head with the league amid an ongoing class action in the latest racism case.

The claim was originally submitted in March 2024 by Phil Krakouer, alongside his brother Jim, with allegations they were racially vilified during their playing careers.

Kevin Sheedy, Terry Daniher, Rod Austin, Billy Duckworth and Wayne Johnston were all named in the claim. All five have denied the allegations.

It was revealed by The Age last year that AFL boss Andrew Dillon had contacted all clubs to inform them they could be under scrutiny as part of the class action.

Wayne Ludbey/The Age

On Monday (March 3), lawyer Michel Margalit revealed after a Supreme Court hearing that Winmar attends to join the class action as co-lead plaintiff, according to The Age and 9news Melbourne's Tom Morris.

"Nicky Winmar has been a trailblazer throughout time. In 1993, when he stood up against racial vilification to today, he really stands to fight to eradicate racial vilification in the game and make the safer place for all football players to play," Margalit said.

"Winmar has suffered prolonged racial vilification in the workplace, and this certainly culminated in that famous moment that was photographed in 1993. He's been left with the mental scars of that racial vilification in circumstances where he was unable to walk away, as he was in the workplace. So, he certainly brings considerable experience and … considerable injury from those experiences."

The AFL's lawyer, Mark Costello, questioned the addition of Winmar so long after the case had been submitted.

"We think it will transpire that that gentleman will not be joining as plaintiff," Costello said.

More clubs were also named as part of the action – Geelong, North Melbourne, Essendon, Carlton and Collingwood.

AFL lawyer responds after Nicky Winmar set to be named as co-lead plaintiff in racism class action

Jim and Phil Krakouer. Getty

Morris revealed on 9news, the AFL has released a statement describing Winmar as an "icon" and praising his stand against racism which "led to the AFL developing world sport's first ever racial vilification policy in 1995".

However, the AFL also took aim at Margalit Lawyers about the process.

"While Margalit Lawyers continue to regularly change their claim, we do not agree with its central view that the VFL/AFL has been conducted negligently over the past 47 years and we will defend those claims," the statement read.

When news of the class action first broke in March last year, the AFL released a statement addressing the claims.

"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," it read.

"And for that we have apologised and continue to apologise and will continue to act to address that harm.

"While we work through the class action, we will continue our ongoing work against racism and discrimination with our clubs, our players, our staff and our supporters to promote football environments at all levels around the country that are safe and respectful for all.

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

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