Spanish national whose alleged lie sparked 202 SA COVID-19 lockdown files court action to open SA Health records on case

The pizza shop worker whose alleged “lie” sparked SA’s lockdown wants to know who leaked his medical status and says questions are being dodged.

The man whose alleged lie sparked SA’s second pandemic lockdown wants to know who breached his medical confidentiality – so he can sue for defamation.

In documents filed with the South Australian Civil and Administrative Tribunal, the Spanish national says SA Health has ignored his Freedom of Information requests.

The man says the department has had more than three months to respond to his FOI but has failed to do so, and asks the tribunal to force its hand.

Obtaining that information is the first step in the man’s bid to clear his name, both here and in his home country, following the controversial lockdown last November.

On November 18, and with little warning, SA went into an immediate six-day hard lockdown.

It subsequently emerged authorities feared a strain of COVID-19 had been transmitted to Woodville residents via contact with pizza boxes, and may cause a second wave.

The deserted Woodville Pizza Bar during the November 2020 lockdown. Picture: Tait Schmaal.

Those concerns were based on SA Health contact tracing interviews with several people, including the Spanish national. After three days, the lockdown was cancelled.

Authorities said the Spanish national had told contact tracers he had tested positive after ordering from a Woodville pizza bar.

They said he had actually been working at the bar, and contracted it from a colleague who also worked in a security position at a medi-hotel.

The man publicly apologised and expressed remorse for his role in the situation, but did not concede that he had told a lie.

SA Police said it was unlikely he would be prosecuted due to a loophole in state law.

He then expressed relief and said he wanted to stay in SA, but feared his reputation both here and in his home country had been defamed.

In his SACAT documents, the man says he filed a Freedom of Information request with SA Health on January 5, 2021 seeking details about the handling of his case.

“On February 4, (the man) still had not received a response or determination, (thus) SA Health breached Section 14 of the Freedom of Information Act,” the document asserts.

“Pursuant to the Act, SA Health is deemed to have refused access to the requested information.

“As at the date of this (SACAT) application, SA Health has not otherwise made a decision pursuant to the Freedom of Information Act."

The man asks the tribunal require SA Health to act upon his FOI request and make a determination, so that he can either appeal that decision or begin legal proceedings.

SA Health has 21 days to respond to his SACAT challenge.