Cronulla has photo of 'horse' substance
by: Stuart Honeysett
From: The Australian
March 28, 2013 12:00AM
A PHOTOGRAPH taken by Cronulla officials of a vial marked "For Equine Use Only" during Stephen Dank's time at the Sharks could be used as part of the club's legal defence after the sports scientist yesterday initiated action for defamation.
Dank has issued a NSW Supreme Court statement of claim against the Sharks and former chairman Damian Irvine, who was forced to stand down after he had claimed that players had been injected with horse drugs.
Other defendants named in the lawsuit include the Nine Network, Nine journalists Peter Overton and Sarah Harris, and The Daily Telegraph and The Sunday Telegraph's sports editor-at-large, Phil Rothfield. The matter is listed for hearing in the NSW Supreme Court on April 26.
The Australian understands a player questioned what equine meant after a substance was administered to him in 2011.
The player was ridiculed by his teammates for his ignorance.
Officials took a photograph of the vial in question and it formed part of a report by retired judge and former deputy chairwoman of the Australian Sports Anti-doping Authority Tricia Kavanagh that led to four officials being sacked and head coach Shane Flanagan being stood down for failing to report alleged practices to the board.
The Australian understands the maximum damages that can be awarded to a plaintiff in defamation proceedings is capped at $339,000, but Dank is also seeking unspecified special damages and costs.
The Sharks are in debt to the tune of $3.5 million and can ill afford expensive litigation or a payout.
It is unclear whether the lawsuit will affect Irvine's decision to renominate for the board in next month's elections.
The statement of claim alleges that Dank "has been greatly injured in his character, credit, business, personal and professional reputation and has been brought into public hatred, ridicule and contempt".
Dank's legal action stems from an interview that Irvine conducted with The Sunday Telegraph that was published on Sunday, March 10.
The Nine Network carried a report into the matter on its news bulletin that night.
The interview was conducted following public outrage over the board's decision to stand down Flanagan and sack football manager Darren Mooney, trainer Mark Noakes, physiotherapist Konrad Schultz and doctor Dave Givney. Givney and Schultz have also threatened to take legal action against Cronulla.
Dank has maintained his innocence and says he was defamed by claims in The Sunday Telegraph report.
Dank has been mentioned in reports since the Australian Crime Commission announced last month that an investigation had revealed that doping, organised crime and match-fixing were rife in Australian sport.
Dank is under scrutiny from ASADA for his involvement at the Sharks and Manly in the NRL and Essendon in the AFL.
The federal government is trying to push through legislation that would force him to co-operate with the investigation.
