Sparky, bus driver, Coles worker the plaintiffs of vaccine mandate challenge

Supreme Court documents have released details about the people behind an attempt to overthrow the NT’s vaccine mandate.

A BUS driver, supermarket worker and a sparky are behind a Supreme Court challenge to overthrow the Northern Territory’s vaccine mandate.

More details of the anti-mandate campaign have been revealed by Justice Sonia Brownhill as the case moves through the higher courts.

Buslink driver Ray Phillips, Coles worker Conan Thomas Hammett and Power and Water Corporation employee John Anstess filed the challenge to much fanfare on December 9.

A crowd of fellow anti-mandate protesters joined the trio and their lawyer, Danial Kelly, outside Darwin’s Supreme Court.

Yet, six days later the original legal challenge was abandoned, with the protesters forced to refile and serve new papers, Supreme Court documents have outlined how the men became involved in the anti-mandate campaign.

Mr Philips told the court he was told by his employer, Buslink, that he would be removed from the roster if he could not prove his vaccination status by November 13, 2021.

Ms Brownhill said the Buslink letter suggested staff had previously been warned of the upcoming vaccine deadline. “It also says without the evidence of vaccination, discussions will commence regarding his employment situation and the employer is unable to hold his position open indefinitely,” she said.

Lawyer Danial Kelly outside the Supreme Court after launching legal action against the Territory government's Covid-19 vaccine mandate. Picture: Jason Walls

Mr Hammett said he was emailed to tell him he would lose shifts at Coles and was told by his manager he would be removed from employment if he failed to get vaccinated by the deadline.

Mr Anstess said he would also lose his job as a Power and Water Corporation cable jointer and electrician under the mandate. He said due to his anxiety about getting vaccinated, he obtained a temporary exemption from the requirement to do so.

Ms Brownhill said only one plaintiff, Mr Hammett, was explicitly told they would lose their job over the vaccine mandate.

Court documents said Mr Anstess identifies as an Aboriginal man and Mr Hammett also identifies as being of Aboriginal descent. The legal challenge will argue that the mandate was racist as it classified Aboriginal people as a “vulnerable” group.

Ms Brownhill said the government would have expected the legal challenge to its vaccine mandate, given the various public protests and similar challenges in other states. The judge said there may be some who call for her to be taken off the controversial case as the former solicitor-general. “I did not give any advice about mandatory vaccinations, and do not intend to recuse myself on my own motion, but I would of course hear any application to do so,” she said.

“The plaintiffs have indicated they are content for me to hear the matter.”

The challengers had hoped to have the matter resolved by Christmas Eve, when the second-dose deadline hit. But the timeline was dismissed as “unrealistic” by Ms Brownhill, who set the four-day hearing for April.