Dank loses part of defamation challenge
Sports scientist Stephen Dank has lost part of a defamation case launched in response to a series of articles including a report which questioned whether an NRL player's cancer relapse could be linked to peptide use.
The four-person jury on Monday found a set of 2013 articles published in The Daily Telegraph which claimed Dank administered prohibited peptides CJC-1295 and GHRP-6 to football players and that "by administering peptides to Jon Mannah (Dank) accelerated Mannah's death from cancer" were defamatory, court documents seen by AAP show.
But, crucially, they were also found to be substantially true - meaning the publisher could rely on the defence of truth.
Similar accusations were brought over other articles but in those Dank failed to establish that defamatory statements would be conveyed to an ordinary, reasonable reader.
The jury wasn't convinced the reports implied he had given Mannah peptides without consent, placed Mannah at considerable risk of cancer relapse or had accelerated his death from cancer by administering the drugs.
During the NSW Supreme Court trial, the jury heard Dank had instructed Mannah that injecting peptides was safe.
Despite receiving the advice from Dank, who doesn't have any medical qualifications, Mannah never took peptides, the court heard.
Mannah died from Hodgkin's lymphoma in January 2013, aged 23.
While giving evidence in his action against Nationwide News, publisher of The Daily Telegraph, over a 2013 front-page article, Dank said he had given Cronulla Sharks NRL players the peptides to improve sleep, not performance.
Dank said he didn't tell Cronulla team doctor David Givney he was advising players about peptide use or was also organising for players to be to injected, saying it was the responsibility of team trainer Trent Elkin.
A further tranche of potentially defamatory material is still being considered by the jury, who have asked Justice Lucy McCallum if they could continue deliberations on Tuesday.
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