AFL great Nicky Winmar has asked to “courageously” co-lead a landmark racism class action brought by retired Indigenous players, lawyers say.
The action was lodged in the Supreme Court by Phil Krakouer, who played 141 games for North Melbourne, in September 2023, alleging senior AFL management did nothing to prevent racism within the sport.
Former players claim they experienced racism, racial vilification, racial discrimination, racial abuse, racial violence or victimisation between 1975 and 2022, while participating in the AFL competition.
Krakouer, who was formally leading the case, may be joined by another leading plaintiff, the court was told this afternoon.
The AFL is fighting the allegations and its barrister Mark Costello KC questioned whether that plaintiff could be involved in the action when he was also involved in a separation case about concussions.
He said the AFL was also concerned by delays to the case, which was filed 18 months ago.
“The types of statements made in respect of people with long histories, not only with the game but also connection with Indigenous players in the game,” he told the court.
“It is important that your honour is aware that this litigation has ongoing affects outside this courtroom.”
Outside court, the class action’s lawyer Michel Margalit confirmed the plaintiff seeking to join was former St Kilda and Western Bulldogs player Nicky Winmar.
She said Winmar was already one of the players involved as part of the class action, but had “courageously” offered to become co-lead plaintiff.
“We are currently as a legal team considering whether this is to the benefit of the class action, and we’re of course in the hands of the court as to whether or not this is appropriate moving forward,” she told reporters.
“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.”
Winmar fought back against a number of alleged acts of racism throughout his career, including during a 1993 game against Collingwood where he was racially abused by the crowd.
He stood defiantly in front of opposition spectators who had been hurling racial abuse at him, lifted his jersey and pointed at his skin.
“I’m black and I’m proud to be black,” he told the crowd.
Winmar’s gesture, described as a powerful statement against racism, has been memorialised in a statue outside Perth Stadium.
The case was adjourned to a later date.
