Novak Djokovic court documents reveal tennis star was Covid positive as photos spark debate

Photos of Novak Djokovic at a public event have raised serious questions about his behaviour after testing positive to Covid-19.

Novak Djokovic contracted Covid on December 16

Novak Djokovic claims he was told by Australia’s Department of Home Affairs that he had met the requirements for quarantine-free entry as an unvaccinated traveller, explosive court documents have revealed.

In the submission presented to the Court late on Saturday, it revealed Djokovic tested positive to Covid on December 16 via a PCR test at the Institute of Public Health of Serbia. However, in photos posted on his own Instagram account on December 17, Djokovic attended a Serbia Post ceremony where he shook hands and walked mask-free with guests upon presentation of a postage stamp in his honour.

It is unclear if Djokovic had received his positive diagnosis at the time of the photos, or if he was still awaiting his results, however the fact he is freely socialising with the public having known he’d taken a PCR test is further proof of his disregard for the seriousness of the virus or the impact it could have on other peoples’ health.

According to his Instagram page Djokovic was accepting his own Serbian stamp a day after testing positive

Djokovic photo with a fan, posted on December 17th after his PCR test. Picture: Instagram

Djokovic photo with a fan, posted on December 17th after his PCR test. Picture: Instagram

Djokovic with a group of children at an event on December 17.

Djokovic posed without a mask during the presentation of the 'Champion of the Champions 2021' trophy on December 18. Picture: Etienne Garnier/L'Equipe

The documents, submitted by Djokovic’s Australian legal team and publicly released on Saturday evening ahead of his court challenge on Monday, claim he received the correspondence on January 1.

That letter stated the world number one’s Australia Travel Declaration had been assessed and that his responses “indicated that he met the requirements for a quarantine-free arrival in Australia”.

Djokovic was officially granted a visa to enter Australia on November 18, and later received an exemption to formally defend his Australian Open title.

The court documents have also confirmed that the Serbian superstar was granted a medical exemption because he was infected with Covid on December 16, which was confirmed by a PCR test.

It is the second time Djokovic has contracted the virus having tested positive after the ill-fated Adria Tour in 2020.

Novak Djokovic is believed to have contracted Covid for a second time in December

The “exemption certificate” also recorded that the conditions of the exemption were “consistent with the recommendations of the Australian Technical Advisory Group on Immunisation”.

Djokovic, who was held at Melbourne Airport for almost 12 hours on Thursday morning, was told by authorities that Covid-19 was not considered a medical contraindication for vaccination in Australia.

“I said that that’s not true,” Djokovic said, according to a transcript in the documents.

“I explained that I had been recently infected with Covid in December 2021 and on this basis I was entitled to a medical exemption in accordance with Australian Government rules and guidance.”

Lawyers for Djokovic said the star expressed “shock”, “surprise” and “confusion” at the situation given that, as he understood it, he had done everything required to enter Australia.

Djokovic reportedly pleaded for the interview to be pushed back until about 8am to give him time to rest and speak with relevant advisers.

While it was initially agreed upon, he claims to have been woken up shortly after 6am and pressured to make a decision on whether to go along with the visa cancellation, before it was eventually cancelled at 7.42am.

Djokovic’s lawyers claim the process was “procedurally unfair” and “legally unreasonable”.

They also argued there was a “complete disproportion between the serious consequences of (visa) cancellation, as compared with the minuscule or non-existent risk to health he posed if permitted to enter Australia”.

WHAT HAPPENED IN INTERROGATION?

The legal documents also detail Djokovic’s night of torment in custody with Australian Border Force officers amid allegations he was pressured into accepting a notice before he could contact his legal team or Tennis Australia officials.

In a stunning timeline of Djokovic’s arrival to Melbourne on January 6, the world No.1 tennis player was subjected to questioning over a period of six hours before he was finally afforded the opportunity to sleep.

In documents lodged with the Federal Court, Djokovic’s legal team claim he was woken from his sleep by two supervisors who were pressuring him into accepting their decision to revoke his Visa before he could talk to his legal team or Tennis Australia officials.

Novak Djokovic announces he has an exemption to travel to and enter Australia, on an instagram post. https://www.instagram.com/djokernole/

Djokovic had requested to wait until he could call someone at Tennis Australia after 8am, which officers initially agreed to, but by 7.42am he was notified of the Purported Decision.

“Over several pages of transcript the supervisor pressured Mr Djokovic to simply continue the interview immediately,” the lawyers wrote in their submission.

“Mr Djokovic, having formed the view that “[they were] going to cancel [his] visa, it’s obvious” relented, feeling he had no choice, and on the basis of an understanding based on what they had said to him that it was better for him if the interview was done right away.

“When one talks in terms of procedural fairness or natural justice, the concern of the law is to avoid practical injustice.

“Within statutory constraints, the Delegate was required to adopt a procedure that was reasonable in the circumstances to afford an opportunity to be heard to Mr Djokovic.

“If the procedure adopted so constrained Mr Djokovic’s opportunity to propound his case as to amount to practical injustice, that would amount to a denial of procedural fairness.

“In an analogous way, Mr Djokovic sought until 08:30 to rest and to speak with his advisors. The Delegate represented to Mr Djokovic that he could have that time. There was no cogent reason for the Delegate to depart from that representation—there was no prejudice to the Respondent in delay for a further few hours, Mr Djokovic’s request was reasonable and based on cogent reasons, and the consequences of a possible cancellation decision were very serious. Yet the Delegate did depart from that representation.”

Detailed timeline of Djokovic Covid saga

Nov 18 - Djokovic granted a Temporary Activity Visa by Federal Government

Dec 7 - Tennis Australia email players confirming a positive COVID test within last six months is grounds for a vaccination exemption.

Dec 10 - Tennis Australia deadline for players to apply for vaccination exemptions.

Dec 16 - Djokovic tests positive to COVID via a PCR test at the Institute of Public Health of Serbia.

Dec 17 - Djokovic posts on Instagram a photo where he is presented with a stamp by the Serbian Post. He is shaking hands and walking around mask-free.

Dec 30 - Chief Medical Officer of Tennis Australia confirms Djokovic has received a "Medical Exemption from COVID Vaccination" after being assessed by ATAGI

Jan 1 - Department of Home affairs issue Djokovic with a Australia Travel Declaration assessment that said "[his] Australia Travel Declaration [had] been assessed,” and that “[his] responses indicate[d] that [he met] the requirements for a quarantine-free arrival into Australia where permitted by the jurisdiction of your arrival,” that jurisdiction being Victoria.

Jan 4 - Djokovic posts an Instagram photo from the airport declaring he was on his way to Australia: "I'm heading Down Under with an exemption permission."

Jan 6,  12.12am-12.52am - Djokovic interviewed with Border Force officials at Melbourne airport

Jan 6, 3:55am - Djokovic informed he would be issued with a Notice

Jan 6, 4:11am - Djokovic issued with a notice. The Delegate informed Mr Djokovic that Mr Djokovic would be given 20 minutes to give any further explanation Djokovic asked the Delegate to wait until about 08:00 so that he could call Tennis Australia to try to “figure this out”. After a further exchange, Djokovic again asked to have more time to acquire information from his agent. The Delegate said that would “speak to [his] bosses”.

Jan 6, 5:20am - The Delegate confirmed that Mr Djokovic has asked for more time to rest and to “talk to [his] solicitor again,” and that he had asked for a period to 08:00 or 08:30 am. The Delegate said, “[s]o that’s absolutely fine, I have spoken with my supervisors and they’re more than happy to allow you have to rest”.

Jan 6, 5:22am -  The interview was suspended at 05:22 am, and Mr Djokovic was taken out of the interview room.

Jan 6, 6:07am - While Mr Djokovic was waiting on a sofa outside the interview room for a bed to be prepared, he was approached by two of the Delegate’s supervisors. They asked whether Mr Djokovic wanted until 8:30 in order to rest. 

Jan 6, time not known - Not long after, and well before 8:30 am (in fact probably at around 6:00 am), the Delegate and his superiors both woke Mr Djokovic. There was then another exchange in which Mr Djokovic expressed a desire to wait until 08:30, whereas one of the supervisors pressured him to agree to a decision being made immediately. For example, Mr Djokovic said that he wanted to postpone until 08:30; the supervisor said that Mr Djokovic had already said he had nothing further to add. Mr Djokovic said that he might have something in a few hours (i.e., after he’d spoken with his lawyers) Over several pages of transcript the supervisor pressured Mr Djokovic to simply continue the interview immediately. Mr Djokovic, having formed the view that “[they were] going to cancel [his] visa, it’s obvious” relented, feeling he had no choice, and on the basis of an understanding based on what they had said to him that it was better for him if the interview was done right away.

Jan 6, 6:14am - The interview was suspended.

Jan 6, about 07:29 am - The Delegate made the Purported Decision.

Jan 6, 7:39am - The Delegate returned to the interview room, and at about 07:42, Mr Djokovic was notified of the Purported Decision.