Andrews Government scraps curfew, but court challenge to push on
Melbourne’s curfew may have been scrapped but the Supreme Court challenge over its validity will still go ahead, with lawyers fighting to prove it was unlawful.
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A Supreme Court challenge over the validity of Melbourne’s curfew is expected to proceed, despite the measure being scrapped from 5am on Monday.
The Herald Sun has confirmed lawyers fighting the curfew will push on with their challenge in a bid to prove it was unlawful.
The two-day trial is expected to start on Monday, and lawyers still hope to cross examine Deputy Public Health Commander Michelle Giles, who signed off on the curfew.
However the grounds in issue are now reduced, with the court asked to determine whether or not the curfew breached human rights.
There had been speculation the trial would be dropped if the curfew was ended.
Daniel Andrews on Sunday rejected suggestions he scrapped the curfew to try and halt the legal challenge.
“The Chief Medical Officer explained in fulsome terms why he provided that advice to me,” he said.
“On that matter, that’s on foot tomorrow. It may well be, that may well run. I don’t know whether that case will still be heard. It may well be.”
Professor Brett Sutton said he supported the discontinuation of the curfew.
“We are at a point now and the epidemiology is different, where the demographics of the cases we are seeing a different,” he said.
“It is my view and it was the public health team’s view, that the curfew is not a proportionate measure to have in place going forward.”
Under the Premier’s original recovery road map, the curfew was expected to stay in place for another four weeks.
As part of the Supreme Court trial the government has been forced to hand over secret data it relied on to extend the curfew on September 13.
Professor Giles, who imposed the extension of the curfew, has told the court it was a necessary measure.
Prof Giles has told the court she relied on government data that proved “a clear and direct correlation” between stage 4 restrictions and a reduction in case numbers.
She said that data was contained in two daily emails she received: a daily Outbreak Summaries Report and a separate COVID-19 Intelligence Report.
Lawyers representing Michelle Loielo, a Liberal Party member challenging the curfew, expect to cross examine Prof Giles at trial.
Victoria’s curfew was put in place on August 2 to run from 8pm to 5am.
From September 13 it was loosened by Prof Giles to 9pm to 5am and was due to expire on October 26.
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