Hawthorn claim former player and alleged racism victim Carl Peterson was “incoherent” and “appeared affected by alcohol or illicit substances” when he was picked up by a club official after returning from a trip to Perth.

The club has also denied the allegations by Peterson that former coach Alastair Clarkson told him to break up with his partner in 2009 and “tell her to terminate the pregnancy”.

Allegations of unlawful discrimination, including family separations and the pressuring to terminate the pregnancy, have been levelled in the Federal Court against the club’s former coach Clarkson, his former assistant Chris Fagan and former welfare manager Jason Burt.

Four-time AFL premiership winner Cyril Rioli is the lead applicant alongside his wife Shannyn Ah Sam-Rioli, Peterson and Jermaine Miller-Lewis, his partner Montanah-Rae Lewis, and Hawthorn’s former Indigenous liaison officer Leon Egan.

Clarkson, now North Melbourne coach, Brisbane coach Fagan and Burt deny wrongdoing and reject accusations of racism.

The club’s defence, released by the Federal Court on Thursday, claims the case is an “abuse of process”.

Hawthorn has told the court Peterson was delisted after taking marijuana in the lead up to an elimination final in 2010.

The document details claims from the Hawks that Peterson allegedly returned home from a trip to Perth for family reasons in June 2009 where he was picked up by then development coach David Flood.

Hawthorn alleges that Peterson was incoherent and under the influence, while he also told Flood he had lost his clothing and had no money in his bank account.

Peterson was delisted just a few months later after former Hawks club welfare chief Jason Burt was allegedly told that Peterson had taken marijuana ahead of a must-win final in Perth against Fremantle.

He later allegedly received counselling from the AFLPA.

Peterson was recruited to the Hawks in 2008 and has had issues with alcohol previously, with the club stating in court documents he was delisted from Richmond following alcohol use.

From February 2009, Peterson’s partner Nikita Rotumah occasionally contacted Burt concerned about his continued drug use and behaviour, court documents state.

She became pregnant with Peterson’s son in May 2009.

After finding out Ms Rotumah was pregnant, Peterson was called into a meeting with Clarkson, Fagan and Burt where the head coach allegedly told him, “you need to break up with Nikita and focus only on your football”.

Rioli claims Clarkson warned him to “be careful not to have babies” as that would disrupt his career in 2011.

He claims the coach questioned his skin colour when he turned up unannounced to Alice Springs while Rioli was visiting his sick dad in hospital.

The latest twist in the saga comes more than two years after the Hawthorn racism scandal came to light.

The claims from the players includes allegations from Rioli that Clarkson called him “Humphrey B Bear” which “thereby associated Mr Rioli with a black bear and chose to publicly refer to him in that way”.

As part of the claims, the players say they suffered injury, loss and damage from their experiences at the club, including distress, pain and suffering, psychological harm and a loss of earnings and earning capacity.

But the club said Peterson, Rioli and Miller-Lewis are precluded from recovering damages for non-economic loss because they have not sustained a significant injury.

Hawthorn allege Rioli’s claim was “an abuse of process” stemming from a deed of settlement from his retirement in July 2018 he entered into with the club and the AFL.

The AFL’s independent inquiry into the issue made “no adverse findings” against Clarkson, Fagan and Burt.

The trio has repeatedly denied any wrongdoing.

The court claims follow mediation between the group and those accused of racism - including Clarkson and Fagan - being terminated by the Human Rights Commission in May.

Hawthorn commissioned and released the findings from a cultural safety review in 2022 to investigate allegations of systemic mistreatment of First Nations players at the club.

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with AAP