Covid Qld: First vax mandate challenge by police and ambos to start in Supreme Court

Police, ambulance officers and a nurse who do not want to be vaccinated against Covid-19 are about to begin their legal challenge.

The first legal challenge to mandatory Covid-19 vaccination, by police, ambulance officers and a nurse, will begin tomorrow with a test case that could determine whether hundreds of workers remain locked out of jobs.

Queensland Police Commissioner Katarina Carroll and a deputy commissioner will give evidence and be cross-examined during the five-day Supreme Court trial before Justice Glenn Martin.

The judge will hear the first three applications to overturn mandatory vaccination directions.

Several hundred workers employed by the State are either suspended on full pay or are on special duties, because they will not be vaccinated against Covid-19.

The Shaun Sutton and others application involves 54 Queensland Police Service officers and employees, the Dylan Mark Johnston and others application involves seven other QPS staff and the Bernard Witthahn and others application involves 11 ambulance officers and a nurse.

The Shaun Sutton and other applicants, represented by Sibley Lawyers, claim the Police Commissioner’s directions were incompatible with and unreasonably limited relevant human rights.

It also will be argued that the directions constituted an error or law and were legally unreasonable.

Senior Constable Dena Miller

One applicant, Cairns forensic crash investigator Senior Constable Dena Miller, 46, has said in a court affidavit that she had flashbacks to being raped 24 years earlier, after her first vaccination.

“I have been suffering repeated flashbacks and reliving my rape, as I have had someone do something to my body against my will, once again,’’ Sen Constable Miller said.

She said she reluctantly had the first jab, and said at the time: “This is not informed consent, this is bullying, coercion and blackmail’’.

Sen Constable Miller said she did not want to receive another dose as she had since suffered severe reactions, including symptoms similar to a heart attack, high blood pressure and a diagnosed autonomic nervous system disorder.

“Every part of my life has been adversely affected because of the Commissioner’s direction,’’ the officer, with 12 years of police service, said in her court affidavit.

The Sutton and others group includes detectives, a sergeant with 38 years service, a civilian watch-house officer with 38 years in the job, a senior sergeant and district duty officer with 28 years’ service and a senior constable with 31 years as a police officer.

There are applicants from general duties, highway patrol, forensic crash investigations, child protection investigations and prosecutions and a civilian intelligence officer.

Sen Constable Bronwyn Smith and Sen Constable Drew Carmichael leave the Brisbane Supreme Court.

There are two couples, Sen Constable Bronwyn Smith, with nine years’ service and Sen Constable Drew Carmichael, with 21 years’ experience, Sgt Andrew Holderness, who has 38 years’ service, and Wendy Holderness, who has worked for QPS for 13 years.

The Queensland Human Rights Commission and the Attorney-General are intervening in the proceedings.

QHRC claims in its submissions that a number of human rights are relevant.

It is claimed the directions, “at least’’, limit the right to protection from medical treatment without consent.

The QHRC submission also says the directions could limit freedom of thought, conscience, religion and belief, as well as the right to property and privacy.

Nine other applications by other groups of workers challenging various vaccination directions are yet to be heard in the Supreme Court.