Court battle against Victorian government’s curfew continues
The Victorian government’s controversial curfew violated a cafe owner’s human rights, the Supreme Court has heard, with the legal battle continuing despite the measure ending.
Police & Courts
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Melbourne’s nightly curfew was a “step too far” amid a raft of other tough lockdown restrictions, a court has heard.
Michelle Loielo, a cafe owner and aspiring Liberal MP, pushed on with her Supreme Court challenge of the now-defunct curfew on Monday, despite lawyers for the government arguing there was now “nothing to quash”.
Marcus Clarke QC, for Ms Loielo, said his client would still seek a declaration by the court the curfew was unlawful and invalid and violated her human rights.
“ (Ms Loielo) accepts there is no doubt the coronavirus pandemic represents a serious public health crisis in Victoria and the world,” Mr Clarke said.
“This restriction, on top of all over restrictions, is one step too far,” Mr Clarke said.
Mr Clarke said Ms Loielo, a single-mum of three, “cherishes her rights and freedoms as a citizen of Australia”, including her right to move freely and argued the decision to impose a curfew was “legally irrational”.
Mr Clarke said the defendant – Deputy Public Health Commander Professor Michelle Giles – acted at the behest of Premier Daniel Andrews and failed to have an independent mind when signing off on the decision to extend the curfew on September 13.
Solicitor-General Kristen Walker QC, for the government, rejected this suggestion and said Prof Giles had relied on government data, her own experience as an infectious disease expert and conversations with the Chief Health Officer and others in the health department about the need for a curfew.
“Based on what she had seen occurring in Victoria, and occurring overseas, she believed large numbers of Victorians would died if appropriate restrictions were not put in place,” Ms Walker said.
“The stay at home directions were made in the midst of a global pandemic by a person with public health expertise.
“The curfew is one part of a suite of measures directed to protecting the right to life … and the right to health,” Ms Walker said.
The court heard Prof Giles may be cross-examined when the trial resumes on Wednesday.
Earlier on Monday, Ms Loielo said the government’s scrapping of the harsh lockdown measure was “a win for Victorians” but said not everyone had supported her cause.
Ms Loielo said she had been met with internet trolls, saying she needed two bodyguards at her side for two whole days last week.
“The support from people who know me and understand why I’ve done this has been amazing,” she said.
“But there has been a lot of trolling from people who don’t know me and it concerns me that people find themselves so freely abusing people they don’t know,” Ms Loielo said.
The trial will resume on Wednesday before Justice Tim Ginnane.
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