Grant Stevens gives evidence in Deni Varnhagen’s legal challenge against Covid vaccine mandate

Grant Stevens has been asked in court why he lifted the vaccination mandate for police on the same day he put a new one in place for health workers.

A decision to mandate Covid booster shots for healthcare workers was on the back of “sound scientific advice” for the effectiveness of a third dose against the virus, SA Police Commissioner Grant Stevens has told a court.

Mr Stevens gave evidence in the Supreme Court on Wednesday in the legal challenge against vaccine mandates launched by two nurses including benched AFLW footballer Deni Varnhagen.

There was a heavy police presence outside the Sir Samuel Way building when the State Co-ordinator arrived just before 10am – but he was ushered inside without incident.

SA Police Commissioner Grant Stevens arrives at court to give evidence. Picture: NCA NewsWire / Dean Martin

It was a stark contrast to the departure of chief public health officer Nicola Spurrier, who was jostled, abused and screamed at outside the court after she was excused from giving evidence.

Speaking before his appearance on Wednesday, Mr Stevens said that behaviour was “disgraceful and disappointing”.

Two courtrooms were filled with members of the public listening to Mr Stevens’ evidence.

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”.

Mr Stevens is one of two public servants subpoenaed, by Varnhagen, to give evidence in the case – illness prevented him attending court prior to Wednesday.

Earlier this month, protesters hurled abuse at chief public health officer Nicola Spurrier as she left court after being excused from giving evidence.

Police and court Sheriff’s Officer surround chief public health officer Nicola Spurrier as she leaves court. Picture: NCA NewsWire / Morgan Sette

Simon Ower QC, for Varnhagen, spent the morning quizzing Mr Stevens about the advice he received that led to emergency management directions relating to vaccine mandates for healthcare workers.

Mr Ower’s line of questioning focused on Mr Stevens’ decision to sign off on an amendment on January 6 that required healthcare workers to receive their booster shot when eligible.

Mr Stevens said he was having “frequent conversations” with SA Health and Professor Spurrier about the booster shot’s effectiveness against the Omicron variant.

He said “by and large” he would accept the advice provided.

“It’s important to appreciate that I have no qualifications or experience that would actually enable me to go behind the chief public health officer’s advice,” Mr Stevens said.

Deni Varnhagen outside court last week. Picture: Dean Martin.

“By and large, I accept the advice that’s provided, although where I have questions regarding the appropriateness of a direction based on that advice, then those questions are asked.”

Mr Stevens said not all questions were always answered, but after further consultation he agreed to an amendment to include a third dose.

Mr Ower turned his attention to Mr Stevens’ decision to sign off on a direction to allow unvaccinated police officers back on the beat on March 4.

That same day, Mr Stevens signed off on another amendment to the healthcare setting workers vaccination direction, which maintained the vaccine mandate for day-to-day workers, but provided some exceptions for others.

“The direction on the 4th of March was a minor change that permitted what are called incidental visitors to be able to attend a healthcare setting without having been vaccinated,” Mr Stevens said.

“This arose as a result of the revocation of the mandate for police workers and changed as necessary to enable police officers to undertake their duties in healthcare.”

Mr Stevens said the police mandate was lifted after a 98.5 per cent vaccination rate among the force and a provision for unvaccinated officers wear N95 masks and do a rapid antigen test prior to their shift.

“And you revised in respect of incidental visitors that they (masks and RATs) would be a sufficient degree of protection?” Mr Ower asked.

“Yes,” Mr Stevens responded. “There were restrictions in relation to certain environments that they were able to attend unless it was in relation to an emergency call.”

The trial continues.

Originally published as Grant Stevens gives evidence in Deni Varnhagen’s legal challenge against Covid vaccine mandate