Stephen Dank to receive defamation payout
Date
December 26, 2015
Rania Spooner and Mark Russell
Stephen Dank, the man at the centre of the Essendon supplements scandal, is expected to receive a substantial payout from the Herald Sun's publisher over a story that alleged he associated with bikies and drug dealers.
The out-of-court settlement is believed to include as much as $50,000 and comes as the controversial sports scientist prepares to file further lawsuits against sports bodies and individuals involved in the fallout from the scandal.
Fairfax Media understands that on Christmas Eve Mr Dank, who established Essendon's 2011-2012 supplements program, moved to issue subpoenas against the Australian Sports Anti-doping Authority.
He is expected to file a statement of claim against ASADA early in the new year.
Mr Dank has also appealed a lifetime ban from the sport handed down in June by the AFL's anti-doping authority, which found he had breached its Anti-Doping Code.
He claimed he was "greatly injured in his character, credit, business, personal and professional reputation and has been brought into public hatred, ridicule and contempt" by a Herald Sun article published in May 2013.
He pursued damages from the Herald & Weekly Times and two senior Herald Sun journalists for defamation, interest, costs, and aggravated damages, arguing allegations that he was linked to bikies and criminals were untrue.
Lawyers for the media organisation had stated in a defence to Mr Dank's statement of claim signed in June 2015 that the article was not defamatory and the allegations contained in it were "substantially true".
They also argued any possible damages awarded to Mr Dank should be mitigated against the fact he "did not have a good reputation in relation to dealing with hormones and peptides in a safe, permissible and legal manner".
A News Corp Australia spokesman said in a statement on Christmas Eve: "The matter has settled and we are happy with the outcome."
Mr Dank declined to discuss the settlement, which is covered by a confidentiality agreement, but said it was just one of many battles he was waging through the courts.
"I really think it's disgraceful that they've spent three years witch-hunting me when I haven't done anything wrong and that's money and resources that could have been spent on real crime and real criminals," he said.
He has also launched legal proceedings against another News Corp publication, the Daily Telegraph in Sydney, over a story about his involvement with the NRL's Cronulla Sharks and has previously flagged plans to sue ASADA's chief executive, Ben McDevitt.
Mr Dank has denied injecting Essendon players with illegal drugs and claimed they knew what they had been administered under his program.
