SA Police Commissioner Grant Stevens ‘unfit to give evidence’ in Deni Varnhagen vaccine mandate challenge, court told

Commissioner Grant Stevens remains unwell and can’t give evidence in Deni Varnhagen’s vax mandate challenge – prompting a fourth adjournment of the case.

Nurse and AFLW footballer Deni Varnhagen’s vaccine mandate challenge has been adjourned for a fourth time, due to State Co-ordinator Grant Stevens’ ongoing illness.

In the Supreme Court on Wednesday, state government lawyers tendered a sworn affidavit containing a doctor’s certificate and Mr Stevens’ medical information.

They did so in support of their application for an adjournment and at the request of Varnhagen’s counsel, who had declined to concede Mr Stevens was ill.

Simon Ower QC, for Varnhagen, said the decision to grant or deny an adjournment was in the hands of Justice Judy Hughes.

“I am instructed by my client that it’s a matter for Your Honour, in terms of being satisfied, on the basis of the medical evidence, of the need to further adjourn the matter,” he said.

“Your Honour has heard submissions from me in regard to the need to resolve this matter as soon as possible.

“But if Mr Stevens is not well, the matter cannot proceed.”

Deni Varnhagen and her supporters outside court last week. Picture: NCA NewsWire / Morgan Sette.

Justice Hughes said that was “regrettably the case”.

“I’ve had regard to the information and documentation, and the evidence is that Mr Stevens is unfit to be able to attend court today,” she said.

She ordered the case resume next Wednesday, with Mr Stevens scheduled to undergo at least two hours of cross-examination by Varnhagen’s counsel.

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”.

After three adjournments – two as a result of positive Covid cases within the families of government lawyers and Justice Hughes – the case began last week.

However the state’s chief health officer, Professor Nicola Spurrier, did not have to give evidence – prompting abuse by protesters as she left court last week.

Originally published as SA Police Commissioner Grant Stevens ‘unfit to give evidence’ in Deni Varnhagen vaccine mandate challenge, court told