Injunction: Sandor Earl has had a win in the NSW Supreme Court. Photo: Melissa AdamsCanberra winger Sandor Earl, allegedly under investigation by the Australian Sports Anti-Doping Authority, has sought and obtained a Supreme Court injunction to prevent his medical records being published.
The 23-year-old Raiders three-quarter is, according to a report aired by the Nine Network last month, alleged to have been treated with peptides at a private medical clinic in south-west Sydney while at Penrith in 2011.
Fairfax Media can reveal that Earl has since obtained an injunction from the NSW Supreme Court after being told that another media outlet was in possession of ”copies of accounts relating to medical treatment” provided to him by Dr Ijaz Khan at Cabramatta clinic Injury Care in late 2011 and early last year.
In a judgment delivered by Justice Richard White on June 20, lawyers for Earl were successful in preventing Nationwide News, publisher of the Daily Telegraph, printing the player’s ”confidential” medical information.
”It suffices to say that the documents contain confidential information that would reveal to a reader who understood the items of service referred to what treatment was provided to the plaintiff on a number of different days,” the judgment read. ”I infer that a knowledgeable reader could infer the condition, or a range of possible medical conditions, for which the treatment was given.”
Justice White added that he thought Earl had ”a strong prima facie case to restrain the use of confidential information about his medical treatment”.
The court heard that Earl’s solicitor had contacted Dr Khan via email on June 14, asking whether he had spoken or given documents to anyone else, but that ”he did not receive a response”.
Earl has denied any wrongdoing, saying he was stunned at allegations that he used peptides to aid his recovery from shoulder surgery while he was at the Panthers, without the knowledge of Penrith officials.
A fortnight before the claims were aired by Nine, it was announced that Earl had signed with French rugby club Pau, who he will join after the NRL season.
A source close to Earl told Fairfax Media the player had become frustrated with the medical systems at Penrith and was recommended a specialist in musculoskeletal rehabilitation to hasten his recovery.
Earl admitted in March that he knew the controversial sports scientist Stephen Dank, who is a key figure in the wider investigation into the alleged use of banned substances in the NRL and the AFL, but denied he had had treatment administered to him by the supplements expert.
”No … no … no,” he said at the time. ”I know him, but not, like, properly … he didn’t have a proper role [at Penrith] like everyone else.”
Dank worked for a short time at Penrith in 2011 after being dismissed by Cronulla. Later, when he was employed by Essendon, he arranged a secret try-out for Earl with the AFL club.
Earl’s name features in a large stockpile of text messages sent between Dank and individual NRL players, which are reportedly already in the possession of ASADA. Dank has repeatedly denied he ever gave any banned substances to players.
Enhanced coercive powers provided to the federal government agency by Parliament will soon help investigators.
The original release of this article first appeared on the website of Hangzhou Night Net.