‘Maelstrom in a petri dish’: Cop loses fight against Covid-19 vaccine mandate

A police officer who took his commissioner and chief health officer to court over the vaccine mandate has been dealt a massive blow.

Police officer Ben William Falconer has lost his fight against the Covid-19 vaccine mandate in Western Australia but has already flagged an appeal.

The officer took his case against former police commissioner Chris Dawson and chief heath officer Andy Robertson to the Supreme Court, but the matter was dismissed on Tuesday.

Late last year, Mr Dawson ordered all officers to be vaccinated – or have a valid exemption – to continue working following health advice from Dr Robertson.

Failure to comply could result in disciplinary action, including a reprimand or dismissal.

Senior Constable Falconer challenged the validity of the commissioner’s direction and the chief health officer’s directions but was unsuccessful with both.

“All of the evidence establishes that the Covid-19 pandemic was, and remains, an extraordinary emergency,” Justice Jeremy Allanson said in his judgment.

“It was not, in the words of counsel for the applicant, a maelstrom in a petri dish.

“The measures that were taken are undoubtedly extraordinary, but that does not establish that they lacked rationality so as, for that reason, to be beyond power.”

WA had a Covid-19 vaccine mandate in place during the height of the pandemic. Picture: Tony McDonough/NCA NewsWire

Regarding Dr Robertson’s decision to recommend vaccine mandates to Premier Mark McGowan, Justice Allanson said the health expert was aware of the pandemic situation and believed vaccination was a “highly important measure” to reduce the spread of the virus.

“He based his assessment on the effectiveness of vaccination against the Delta variant and was aware of the likelihood that police officers would come into contact with members of the community, including vulnerable groups,” he said.

“Dr Robertson’s advice to the Premier was that the inconsistent uptake of vaccination left him with limited options, and unvaccinated workers in settings where exposure was likely and the propensity for outbreaks high, or where vulnerable people may be exposed, could cause tremendous harm.”

Constable Falconer has flagged a possible appeal.

“This is only the beginning,” he told reporters outside court.

“We’ll get some advice from our lawyers and see what appeal options we have.”

A court challenge brought by police radio operator Leslie Finlay was also dismissed.

Commissioner Col Blanch said WA Police would continue to work through the disciplinary processes regarding vaccination directions.

There are 51 police officers and 21 staff facing disciplinary action.

Of those, 25 police officers and 17 staff remain stood down on full pay.