Opinion Heretier Lumumba

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I think its a shame that its come to this. I kinda hoped that this ugliness would be an opportunity for H, the club and the AFL as a whole to come together and build awareness and understanding around these words and their impact, without the use of the courts.

From here it just gets more and more ugly.
 
There will be no winners from this legal action, only losers.

It’s hard to think of a good outcome ...

(1) It goes to court, the court find that Collingwood have no case to answer ... even that’s an awkward outcome, Lumumba is a Premiership player.

(2) It goes to court, the court find Collingwood were negligent, the relevant leaders are stood down, Collingwood / insurers pay whatever damages, Collingwood apologise and repent, Lumumba is welcomed back into the fold, and we all move on better for it.

(3) It’s settled out of court ... that’s probably the worst outcome from a PR point of view ... that’ll simply remain a stain for decades into the future.
 
There shouldn't be any settlement before a court case, as they normally involve non-disclosure agreements, and you would think that Heritier wouldnt accept that....
 

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lets assume his teammates called him one of the nicknames alleged. I refuse to believe it was with any malice. Harry was one of the most popular players at the club at that time. A simple conversation from Harry would have resolved the issue.

Instead it’s now a big issue and involves the whole club.
 
There shouldn't be any settlement before a court case, as they normally involve non-disclosure agreements, and you would think that Heritier wouldnt accept that....

I guess we’ll find out soon enough what is motivating him.

Is it money? ... settle out of court for an undisclosed sum.

Is it the principle? ... attempt to drag Collingwood through the courts.
 
You're right. Offense is an entitlement, but offense alone don't invalidate someone else's behavior, speech or otherwise conduct. The offense someone else takes doesn't change the intent that caused it.

Long story short, just because someone is offended doesn't mean there was offense intended or warranted. It's entirely subjective and fortunately we have a system where a court will decide if the offense causing conduct was in fact unacceptable.
Precisely. Line of thinking being peddled by some in recent times is that if someone says they are offended, then what was said to them automatically becomes offensive. I say bu....it to that. I refuse to be at the mercy or whim of someone who may be neurotic, hyper sensitive, vindictive, mercenary or just plain mentally unbalanced. Not sure how much of that applies to Heretier, but he probably would get a guernsey under a couple of categories.

I rather like Stephen Fry’s thoughts on being offended. Not saying it applies in every case, because it definitely doesn’t. But it certainly does in many instances.


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Unless there are a bunch of lawyers already on retainer who are sitting around twiddling their thumbs doing absolutely nothing else, the amount of time and effort required to build a defense, obtain and pore over evidence and then the time required to actually see out the process to resolution via court dates... it will all cost the club 10x a settlement.

Saw it via an employee taking employer to Fairwork for unfair dismissal. The employee was a clown and there was a mountain of evidence against him but the employer really only has a few choices: hire lawyers (at a cost of thousands and thousands billed), assign in-house counsel (thereby taking highly paid employees away from internal projects), or settle for a relatively small amount to just make it go away. The settlement couldn't come quick enough.
Welcome to the USofA!
 
He’s looking for a princely sum, I’m sure.
Any chance of similar action being brought by Damian Monkhorst after being called monkey for his whole career.
I jest, but I’m pretty sure H was a damaged soul before starting at Collingwood - oh, but he witnessed a murder in Brazil and all...
Hey that's just nasty you seem to forget his struggles with child abuse that didn't actually happen to him and on top top of that Mohammed Ali goes and dies just adding to his terrible suffering, he really is the perpetual victim.ive had enough of his constant whinging
 
So you decide what black people should be offended by?
I think the poster was saying permission or not, Scott is unlikely to use the the term.

No, it's a stupid and offensive point.

Individuals who are black are allowed to choose what they are and are not offended by, some random person doesn't get to choose what has to be offensive for them. It's so condescending it's painful.

I agree with you to a degree here. Anyway, up before the courts now but H certainly hasn't won any friends.
 
Funniest video ever. He loved the club straight after retirement..



It's pretty clear something has happened in the last 5 years or so.

He hung out with the group premiership reunion while he was a Melbourne player. Heath Shaw's twitter shows us that. I don't see Lumumba as the kind of person to partake in something like that now. People will make their own judgments about what his change in style means, a realistic possibility is that he's become offended upon reflection of his experiences years later.

 

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Sad situation, wasn’t he invited to join in an investigation or resolution with the club as well and refused?
 
Precisely. Line of thinking being peddled by some in recent times is that if someone says they are offended, then what was said to them automatically becomes offensive. I say bu....it to that. I refuse to be at the mercy or whim of someone who may be neurotic, hyper sensitive, vindictive, mercenary or just plain mentally unbalanced. Not sure how much of that applies to Heretier, but he probably would get a guernsey under a couple of categories.

I rather like Stephen Fry’s thoughts on being offended. Not saying it applies in every case, because it definitely doesn’t. But it certainly does in many instances.


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I think Fry might have been talking more about people who weren't involved in the "offensive act". This isn't the case here. Heritier is central to the matter. He was the alleged victim. There's a lot of people who have got offended FOR Heritier... but there's a lot of people here getting offended because the club is being accused. Stephen Fry's thoughts might apply to both those groups.
 
Unfortunately in this current climate I expect both the AFL and Collingwood to fold faster than a house of cards, whatever the allegations or validity of his claim.

Harry and his lawyers will be well aware of this.

But even if they do agree to his settlement, don't expect this to be the end of it. Harry will almost definitely re-appear with new claims as soon as the spotlight has dimmed for too long.
His lawyers are probably well aware that if a settlement were offered it would also contain a non-disclosure clause. I doubt Lumumba would sign that and lose his platform.

Wonder if he signed one as part of his concussion settlement at the dees?

The 2010 All-Australian had been widely expected to hang up his boots but became embroiled in a dispute with the Demons over their handling of his condition.

The two parties have since reached a settlement, allowing the Demons to release Lumumba from his contract which was due to expire at the end of 2017.

Lumumba managed just five games this year, suffering concussion in round six, before another knock to the head several weeks later in the VFL.

The 30-year-old had claimed Melbourne stopped him playing this season when he felt he had recovered from his concussion problems, meaning he could not use a trigger clause in his contract for a fourth year.

The dispute boiled over after the season, forcing the Demons to deny that Lumumba had threatened legal action against the club.
 
I think Fry might have been talking more about people who weren't involved in the "offensive act". This isn't the case here. Heritier is central to the matter. He was the alleged victim. There's a lot of people who have got offended FOR Heritier... but there's a lot of people here getting offended because the club is being accused. Stephen Fry's thoughts might apply to both those groups.
And there's a lot of people that just think Harry is a w*****r.
 
Sad situation, wasn’t he invited to join in an investigation or resolution with the club as well and refused?
Yep, not a big enough stage though.
 
He was a terrific player and also enjoyed him as a player, but his ongoing angst against the club is becoming a little annoying.
I don't understand why he refused to get involved in the investigation into his claims, as he would’ve obviously been the key figure in the whole investigation. Now we see him suing, this now makes his claims look like it had ulterior motives....Money.
This is why I am keen to see it through, I don’t know how much substance is behind it but hopefully it gets resolved. I hope the Club doesn’t settle and they get to the bottom of it, good, bad or indifferent.
 
His lawyers are probably well aware that if a settlement were offered it would also contain a non-disclosure clause. I doubt Lumumba would sign that and lose his platform.

Wonder if he signed one as part of his concussion settlement at the dees?

I had totally forgotten about his short stint at Melbourne and how it ended.
 
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