Prof Nicola Spurrier mobbed by anti-vaxxers after leaving trial for Deni Varnhagen’s vaccine mandate trial
A lawyer for the Crows AFLW player fighting SA’s vaccine mandate has responded after Nicola Spurrier was viciously abused by anti-vaxxers outside court.
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Chief public health officer Nicola Spurrier does not have to give evidence in benched AFLW Crows footballer Deni Varnhagen’s vaccine mandate challenge, a judge has ruled – sparking disgusting scenes outside court.
On Thursday, anti-vax protesters carrying placards, live-streaming with their phones mobbed Professor Spurrier as she left the Supreme Court building.
Some protesters were wearing the yellow Star of David, an obvious reference to the Jews persecuted by the Nazis. Others shouted “hang her”, “arrest her”, “here comes the criminal”.
A heavy escort by police and Sherrif’s Officers moved Prof Spurrier from the courthouse to a waiting car as protesters yelled slogans and called for her arrest.
Minutes earlier, the court set aside a subpoena, issued by Varnhagen’s counsel, requiring Professor Spurrier to attend the three-day hearing.
Justice Judy Hughes said she would hand down reasons for her decision “at a later date”, but gave a short explanation to the parties.
“I’ve considered the application by reference to the nature of the proceedings, and the materials and submissions made yesterday,” she said.
“I do not consider there is any relevant evidence Professor Spurrier could give by reason of the grounds of the review.”
Simon Ower, QC, for Varnhagen and her fellow litigants, said his clients did not support the actions of the protesters.
“We strongly condemn what happened this morning outside court towards Professor Spurrier,” he said. “We live in a society governed by the rule of law.
“My clients invoke that rule for this court to determine the lawfulness of the Commissioner’s mandates in a civil and orderly manner.
“What happened outside court this morning was the opposite of that, and must never happen again.”
Prof Spurrier was also jeered by anti-vax protesters as she arrived for the second day of Varnhagen’s trial.
She arrived at the Supreme Court just before 10am, escorted by staff and monitored by a heavy SA Police presence.
Protesters outside the court, carrying banners with anti-vax slogans, cat-called her arrival, with some yelling she “should be arrested”.
Subpoenas are rarely issued in matters such as Varnhagen’s, which is an application for judicial review of the Emergency Management Act and the mandates arising from it.
The Advertiser understands Police Commissioner Grant Stevens, who was also subpoenaed to attend, will not be in court as he remains ill with a non-Covid virus.
Health Minister Chris Picton said the protesters’ actions were an “absolute disgrace”.
“Nicola Spurrier has served her state with distinction at an incredibly difficult time,” he tweeted.
“Today’s scenes in Victoria Square were an absolute disgrace. The vast majority of South Australians thank Prof Spurrier, a public servant who has devoted herself to the safety of the public.”
Nicola Spurrier has served her state with distinction at an incredibly difficult time.
— Chris Picton MP (@PictonChris) April 7, 2022
Today’s scenes in Victoria Square were an absolute disgrace.
The vast majority of South Australians thank Prof Spurrier, a public servant who has devoted herself to the safety of the public.
Varnhagen, fellow nurse Courtney Milligan, teacher Craig Bowyer, childcare worker Kylie Dudson and police officers Zacary Adam Cook and Rosalyn Smith are challenging the mandate.
They claim authorities failed to exclude all “obvious, alternative, compelling, reasonably practicable” alternatives that do not affect “common law rights or freedoms to bodily integrity”.
The much-delayed trial began on Wednesday, with the court hearing Varnhagen was working as a casual labourer “in order to survive” because the state’s vaccine mandate laws prevented her working as a nurse.
On Thursday, the court also heard evidence from Professor Nikolai Petrovsky, who holds an academic position at Flinders University.
He is currently on leave from SA Health, having declined to take any Covid vaccine other than the one he has created - which has not been approved for use in Australia.
In reports tendered in court, supporting Varnhagen’s case, Professor Petrovsky questions the efficacy and effectiveness of vaccines in stopping the spread of Covid.
Counsel for the government, however, suggested Professor Petrovsky’s evidence was “coloured” by his personal circumstances.
They said he had publicly called the mandates “completely abhorrent” and “against the principle of informed consent”.
They suggested he was “frustrated” at being directed away from his workplace and running out of long-service leave.
Professor Petrovsky denied that was the case, and refuted further suggestions he stood to benefit personally from the outcome of Varnhagen’s case.
“I was asked to be an expert witness because of my expertise, that’s the role I’m here to do today,” he said.
“As a scientist, I always have to put aside any personal beliefs or issues in order to fulfil my duty.
“I do not have a personal interest in the current matter and would be on leave irrespective... my interest is in the science... the outcome (of the case) is not something for me to consider.”
The trial continues.
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