‘Unjustified interference’: Cops, paramedics in vax mandate courtroom showdown

More than 70 Queensland police officers and paramedics have argued their personal liberties are being restricted as they begin their courtroom fight against a vaccine mandate.

More than 70 Queensland police officers and paramedics have taken their fight against a vaccine mandate to trial, arguing they are faced with ‘unjustified interference’ on their personal liberties.

The effect of existing Covid-19 vaccines on the current Omicron variant was “inconsequential”, counsel for a group of ambulance officers has told a court as the trial to fight Queensland’s vaccine mandate began today.

Dr Christopher Ward SC said a small group of ambulance officers still had their liberty unjustifiably interfered with, while with less restrictions, the overwhelming majority of Queenslanders had a relaxed, normal life.

Senior Constable Bronwyn Smith and her husband (right in sunglasses) Senior Constable Drew Carmichael. Picture: John Gass

The first legal challenge to mandatory Covid-19 vaccination directions, by more than 60 police and 13 ambulance officers, began with a Brisbane Supreme Court civil trial on Monday.

The court heard the directions would be challenged on human rights and other grounds, including that the Police Commissioner should have reconsidered the vaccination direction at some point.

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 13 ambulance officers and staff.

The January 31 vaccination direction for ambulance officers was to apply to all “existing and prospective employees” as well as honorary ambulance workers, work experience students on placements and those in high risk groups.

Lawyers for the group have argued it is unjustified interference. Photo: John Gass

Dr Ward said since early December, Omicron was the variant circulating in Queensland and while it was highly transmissible it was significantly less likely to cause severe illness.

There was a “vanishing small statistical risk” of severe illness requiring hospitalisation to people under the age of 70, whether or not they were vaccinated, and mortality was an even smaller risk, he said.

Dr Ward said the effects of the existing vaccines on the reduction of transmission of Omicron, to any group of people, vaccinated or not, in the current Omicron climate, were inconsequential.

He said when the Queensland Ambulance Service direction was made on January 31, it was said that Covid-19 had a disproportionate effect on health workers.

Dr Ward said there was evidence that it could not be said then or today that the virus had a disproportionate effect on health workers, including paramedics.

He said vaccines had no measurable effect on the reduction of transmission to date.

Dr Ward said the direction failed to adopt a different approach, based on the risk profiles of members of QAS in relation to age and potential comorbidity.

Senior Constable Jason Mole, left, and Senior Constable Dylan Johnston, centre in white shirt. Photo: John Gass

“Restrictions upon liberties for the overwhelming majority of the Queensland population have been relaxed to a point where life looks normal,” Dr Ward said

Yet a small group of employees remained subject to unjustified interference to their personal liberties and employment, he said.

Dr Ward said the vaccines had not been through a full and rigorous process.

He said there were alternatives to vaccination in the Omicron environment that had less effect on the human rights of workers.

Dominic Villa SC, representing seven QPS officers and staff, said there were limits under the Human Rights Act imposed on the Police Commissioner in making the direction on December 14.

Mr Villa said the Commissioner should have revoked the decision.

He said the judge needed to consider the changing nature of the pandemic and the virus since the latest vaccination direction was made.

Groups of Police and Ambulance offices are challenging vaccination directions on a Supreme court trail. Picture: John Gass

He said the Commissioner only had the power to make the vaccination direction if it was necessary and convenient and it was reasonably and demonstrably justifiable.

Mr Villa said the Police Commissioner’s decision was unreasonable because the vaccination direction was unlimited in time and did not require a periodic review.

Dan O’Gorman SC, representing 48 police officers and six police staff, disputed a claim that his clients were not required to undertake the “medical treatment” of vaccination.

“They were told that if they don’t take the vaccine they are going to lose their employment and everything else that has gone with it,” Mr O’Gorman said.

A number of police attempted to take the vaccination but refused because they could not tell a doctor that they gave free consent.

Others had to lie and state on a form that they were getting vaccination of their own free will, when that was not the case, he said.

A key witness for the police applicants, Professor Nikolai Petrovsky, a Covid-19 prospective vaccine developer and Flinders University Professor of Medicine, has been excluded from health workplaces because of a vaccination mandate.

Dr Petrovsky said he had self-vaccinated with the vaccine he was developing, but not with one of the government approved vaccines.

Prof Petrovsky said it was a concern of his that he had seen evidence of increased infections in people who had received mRNA Covid vaccines.

Under cross-examination by Michael Hodge QC, for the Police Commissioner and QAS, he denied that in preparing reports for court he had sought to exaggerate detrimental issues relating to those vaccines or that he had denigrated TGA approved vaccines.

He said he thought other vaccines approved by the Australian Government and TGA were clearly advantaged by getting large contracts.

Prof Petrovsky said the Therapeutic Goods Administration had issued him with an infringement notice for telling about his clinical Covid-19 vaccine trial.

He said he believed his vaccine development company had been unfairly treated.

The Crown will call Queensland Police Commissioner Katarina Carroll, Deputy Commissioner Douglas Smith and infectious disease experts Associate Professor Holly Searle and Professor Paul Griffin.

The trial is continuing.