Novak Djokovic’s father launches scathing attack on the Australian government
Novak Djokovic’s father has launched a scathing attack on the Australian government, referring to Prime Minister Scott Morrison as a ‘dictator.’ Read his full speech here.
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Novak Djokovic’s father has launched a scathing attack on the Australian government, referring to Prime Minister Scott Morrison as a “dictator.”
Srdjan Djokovic also called on the Queen to intervene and protect her son after the visa saga took more dramatic turns on Monday.
In a speech delivered to Serbian media and that has been translated to English, Srdjan said Australia had become a mockery of the free world.
It followed explosive claims from Djokovic’s brother that Australian authorities were seeking to arrest Novak despite his victory today.
That was later confirmed to be not the case.
“Autocracy has shown its true face today. Contrary to the decision of the Independent Court of Australia, dictator Scott ordered the arrest of my son, Your World Champion, Novak Djokovic, and deportation, banning him from entering the country for three long years,” Srđan Đoković said.
“The court showed that law exists in Australia, but Scott dared to take justice into his own hands.
“I call on the Queen of Britain, Elizabeth, the leader of the Commonwealth, to intervene and protect the human rights of my son Novak Djokovic and to stop the political prosecution that has been carried out against him since he came to Australia.
“I appeal to the Queen of Britain, Elizabeth, to intervene and stop the torture carried out over the multiple Wimbledon champion, decorated by Prince William for achievements in philanthropy.
“I call on Queen Elizabeth of Britain to prevent the undermining of the reputation of the Commonwealth by the Australia government through political persecution and torture of the world’s best tennis player and free citizen.
“I call on all Australians and the whole world to raise their voice against terror, and the brutal human rights violations of the world’s best tennis player.
“The arrest of Novak Djokovic is a political prosecution that has been conducted from the very beginning from a political centre of power that has decided that neither the court nor justice means anything anymore.
“If they are doing this to the best tennis player in the world, your Novak? A voice against the Scottish dictatorship is a voice for your freedom of thought, movement, religious belief and speech. Our ancestors fought for that, and Scott and the dictatorship of the Australian government violate those freedoms and ideals of the free world.
“Free saints, raise your voice! Stop the terror against the free citizen of the world, Novak Djokovic. The political centres of power have turned on my son, they are living over him like in the Game of Thrones, while the whole world is watching it live.
“Australia has become a dystopia, a mockery of the free world, they treat Novak Djokovic, my son, your world champion, as a political prisoner. As a terrorist in Guantanamo Bay. They deprive him of the right to play, to individuality, to freedom of opinion.
“But I publicly claim: Political beasts will not break it! The whole world can now see a fake democracy led by one Scott.
“Scott turned Australia into a dictatorship of the Western world, they lost the legitimacy to call themselves democracies after this political prosecution. They are a false democracy.
“Novak, the whole world could see, grossly violated his right to legal representation when he was arrested at the airport. He was told that “it is in his interest not to call a lawyer!” Even murderers and terrorists have the right to legal representation, and the tennis champion has been denied that right.
“Novak is treated by the Australian government as an enemy of the state, not the best tennis player in the world who has always helped Australia with his donations in philanthropy. He is treated by ethnic racists as a lower-class citizen.
“Scott Morrison, Scott can’t stand that the truth about their dictatorship and harassment of Novak came out on video. They worked overtime from political and media centres of power, with their journalists to hide what they were doing to Novak at the airport.
“The truth has come to light, Australia is run by political criminals who do not respect individual rights or court decisions. They do not respect the decisions of their court, they do not respect their legal system.
“As of today, Australia is a banana republic and my son took the cross to go down in history as Spartacus standing on the last line of defence of freedom.
“I call on all non-governmental organizations around the world and all people of good will who believe in justice and democracy, as well as the Queen of Great Britain, to get involved and protect Novak Djokovic from the torture against him.
“The dictatorship of the Australian government and the political prosecution against Novak Djokovic is unsustainable and against any standard of free world democracy. Novak will continue to fight. Surrender is not an option.”
HOW DJOKOVIC’S AUSTRALIAN FANS REACTED
In Melbourne, dozens of Djokovic’s supporters decended outside of his lawyers office calling for his freedom.
The supporters arrived at the CBD building just after 8pm in a sea of red, blue and white.
Wearing Serbian flags and chanting “Free Nova!”, the supporters have blocked traffic in both directions.
They broke out into traditional Serbian songs and dance in support of the unvaccinated tennis star.
JUDGE RULED IN DJOKER’S FAVOUR
Djokovic’s bid to win a record-breaking 21st grand slam remains under a cloud despite the Serbian winning his sensational court battle against the Home Affairs Minister.
Judge Kelly found the decision to cancel the visa was “unreasonable”.
Shortly after 5pm AEDT, Judge Kelly ordered that Djokovic must be immediately released and that his passport and all other personal effects be returned to him.
Mr Tran for the Minister said the government would comply with the orders but a personal power of cancellation was being considered.
Judge Kelly said the visa cancellation decision would be “quashed”.
Government is now considering a personal power to cancel his visa.
Judge Kelly said if the government, through another minister, exercises a personal power to cancel the visa then Djokovic will not be permitted to return to Australia for three years.He demanded that if the government decided to enact the powers that they have threatened, the court was entitled to be informed.
Djokovic, 34, had been held at the Park Hotel in Carlton, a detention facility that houses a number of asylum seekers but was with his lawyers when the decision was handed down.
The unvaccinated world No. 1 had pleaded to be moved to more elaborate digs or to have his private chef provide vegan meals – which was denied – and he is now expected to shift to accommodation in Melbourne’s inner south-east.
Idemo Nole!!!!
— ivo karlovic (@ivokarlovic) January 10, 2022
It has been a six-day saga for the 20-time grand slam winner, who claimed he had been infected with Covid in December and thus was eligible to be exempt from requiring a vaccination to enter Australia.
Tennis Australia had claimed that it had been receiving conflicting information in regards to incoming arrivals to Australia and potential exemption status of unvaccinated players and officials, while the federal government has threatened it could yet cancel Djokovic’s visa again.
Djokovic was with his lawyers on the court link for the sensational judgement.
“Mr Djokovic there with you?” Judge Kelly asked.
“Yes,” Djokovic replied off screen.
FOLLOW THE HEARING LIVE BELOW (all times AEDT)
* This page will automatically update to show the latest entries
7:15:pm WHAT IS HAPPENING?
Novak Djokovic remains inside his lawyer’s Melbourne offices, with a significant Victoria Police and media presence outside the carpark. A white van - similar to that which transported the Serbian from his detention hotel - was spotted entering the carpark a short time ago.
4:15pm DJOKOVIC HAS LEFT THE BUILDING
The Herald Sun has confirmed that Djokovic has left the Park Hotel.
The tennis star still remains in detention, but has been given special permission by Judge Kelly to leave the horror hotel to be with his lawyers for the duration of the hearing.
His departure from the hotel indicated that the Federal Government did comply with Judge Kelly’s orders.
3:53PM DEADLINE EXTENDED
Djokovic’s permission to remain in the country will be extended to 8pm.
Christopher Tran, for Minister Karen Andrews, said he was given instructions to consent to an extension to 4.30pm given the case is still going on.
But Judge Kelly approved an extension until 8pm.
The case was further adjourned after just a minute of the court sitting, as Mr Tran said he needed more time.
Settle in folks, we’re here for the long term.
3:28PM COURT DELAYED
Just been told the hearing will no resume until 3:45pm AEDT
3:24pm IS DJOKOVIC ON THE MOVE?
A white van recently left the Park Hotel in Carlton, where Djokovic has been housed, amid a huge media scrum and cries to “free the refugees”. A large police present facilitated the van’s exit from an underground carpark, which came just hours after the tennis star was permitted to leave the detention facility in order to watch the court case unfold.
COURT SET TO RESUME
Big media scrum outside the park hotel where #Djokovic *might* come out soon. pic.twitter.com/GTYoeykl44
— Cait Kelly (@cait__kelly) January 10, 2022
2:03pm COURT ADJOURNED UNTIL 3:15PM AEDT
Lunchtime!
2:01pm WHERE WE ARE
This is not as Law & Order as one would hope...it’s VERY dry.
Mr Tran has raised cases of law that he has told Judge Kelly he’s relying on to argue his points that the cancellation of Djokovic’s visa was valid. The Minister’s lawyer said he will be armed with a handful of cases - including two where Mr Tran himself argued and lost - to make his points after the lunch adjournment.
1:40pm RETURNING SERVE
For those of us getting hungry, the break is on the horizon.
The counsel for Home Affairs has begun its remarks in response to Djokovic’s team. They’ll do so for 30 minutes.
It began by addressing the suggestion by Djokovic’s team that there had been pressure by border officials on the Serbian star upon his arrival.
Lawyer Christopher Tran said he wanted to make it “crystal clear” that it could not be found any officer “intended to pressure” Djokovic. Judge Kelly has noted that it should be considered that Djokovic felt that way.
1:27pm A THREAT TO JUSTICE
The streaming issues are a bigger problem than you might think.
A top lawyer has raised concern of “zero open justice” as the public link to Novak Djokovic’s court case has been broken for more than an hour.
Thomson Geer media lawyer Justin Quill, representing a handful of media organisations in the court case, said that technology can be great for open justice because the public doesn’t have to rely on journalists physically sitting in court.
“But the risk is high that if the technology fails you have zero open justice, you have secret justice,” Mr Quill said.
“And in a case like this, that can lead to rumours, speculation and innuendo about what’s really going on.
“That sentiment comes directly from a precedence about the importance of maintaining open justice even when to do so causes great difficulty.”
Mr Quill had sought leave to appear in the case, but had also been unable to access the link for 45 minutes just after 1pm.
He said given the case is playing out “on the global stage”, that “we really ought to be going above and beyond the bare minimum in terms of open justice”.
More than 20,000 people are currently watching a stream of the courtroom that has been further broadcast via YouTube by a prominent tennis podcast. That is despite the court telling members of the public that any recording, photography, or broadcasting is “not permitted”.
1:44pm DJOKOVIC PERMITTED TO LEAVE DETENTION
Djokovic appears to have been given permission to leave detention to appear with his lawyers for the hearing.
An order signed by Judge Kelly states that the Minister must “take all steps and do all things as may be necessary to bring the applicant to premises as specified by the applicant’s solicitors” on Monday and other dates that the matter is sitting.
Djokovic must be allowed to remain with his lawyers “until the conclusion of each hearing and to secure his safe return to detention upon the conclusion of each hearing”.
Orders have also been made to allow the affidavit’s of Djokovic, UNSW Associate Professor in The School of Medical Sciences Carolyn Ruth Broderick and lawyer Natalie Bannister to be redacted.
12:30pm TECH ISSUES
Again we find ourselves locked out of court as the opening arguments form camp Djokovic are made.
11:53am: MY SHIFT IS ENDING
Djokovic’s lawyers have alleged that the border security staff’s shift ending may have had an impact on the decision on the star’s status being rushed.
They say a comment was made at the airport by the officer in question that “his shift was about to end” and that had contributed to “reneging on the agreement” that he would be allowed time to speak with his team and Tennis Australia.
They said there was also a “spurious rationale” that it was in Djokovic’s interest “to have the decision made without getting the assistance of others”.
The court heard that a reading of the transcript of interview suggested that Border Force delegates told Djokovic, “look, getting in touch with your lawyers really isn’t going to help with any of this so let’s just get it done”.Djokovic has asked to postpone the interview until 8.30am “if possible” to speak with his lawyers and Tennis Australia but the delegate said, “no, that’s not on”.
11:45am WHAT MORE COULD HE HAVE DONE?
The judge has declared he is somewhat “agitated” by Djokovic’s situation regarding his medical exemption.
“A professor and an eminently qualified physician have produced a medical exemption (for Djokovic),” he said.
“Further, that medical exemption and basis on which it has been given was separately given by an independent ... panel established by the Victorian state government.
“That document was in the hands of the delegate (Home Affairs).
“What more could this man have done?”.
Djokovic’s lawyers say the star received indication before he departed Dubai that his application for a visa with a medical exemption had been assessed and approved for arrival in Australia.“Any reasonable person would understand ... that he had ticked every box,” Nick Wood SC said.
11:40am THE TYPO IN THE RULES
Lawyers for the Department of Home Affairs acknowledged in court filings on Sunday that a typo existed in the document but that it was insignificant.
They said the typo is “unfortunate but immaterial”.
But in court on Monday, Mr Wood said it mattered. “It is more than a typo. The notice was defective,” he said.
Wood also said Djokovic has tried his “level best” to provide the officer at Tullamarine what he wanted.
He said he did provide that evidence of a medical contraindication exemption before he boarded the plane and when he got to the airport.
When he arrived at Tullamarine, Mr Wood said Djokovic was “never notified” he failed to produce evidence of his contraindication to the vaccine.
Judge Kelly said the transcript of Djokovic’s early morning interview with the Border Force officer was “replete” with showed that Djokovic was trying to provide officers with what they needed.
“If you will let me talk to people even though you have taken my phone from me, I will try and get you what you want,” Judge Kelly noted the transcript suggested.
Throughout this saga the ABF has maintained Djokovic had access to his phone.
11:25am WHO IS IN THIS HEARING?
Besides those of us lucky enough to have the link work, we have the judge and five others on the hearing. Djokovic is not expected to appear at any stage. All five lawyers are wearing black robes.
- Judge Anthony Kelly, or Judge Kelly on a second mention
- Lawyers for Djokovic are Nick Wood SC and Paul Holdenson QC.
- Lawyer for Home Affairs minister Karen Andrews is Christopher Tran
11:14am ‘DJOKER WENT ABOVE AND BEYOND’
Djokovic’s lawyers are now arguing that the biosecurity rules for entry to Australia didn’t actually require the Serbian to provide evidence of his medical contraindication to vaccination.
Nick Wood SC says Djokovic only had to make a declaration of whether he was vaccinated against Covid, unvaccinated or had a medical contraindication. If the latter - which he did - he said rules state that the travelled “can provide evidence”, not that they must.
“That declaration was made that he had a medical contraindication,” Wood said.
“He was not required to provide evidence, even though as a matter of fact, he did.”
11:08am CONFUSING AND MUDDLED
Djokovic’s lawyers are trying to argue that the cancellation documents are defective because the reasons for refusal are a “confusing blend of grounds”.
“The power to cancel simply does not arise,” Djokovic’s lawyers have declared.
They say that the minister can’t cancel a visa based on the “muddled” or “mash-up” of varying grounds.
10:54am HEARING IS LIVE FOR ALL
Update: The tech issues appear resolved we are now underway in open court. Currently hearing opening arguments now from Djokovic’s lawyer, who is focusing on fairness.
Djokovic’s lawyers are detailing the Notice of Intention to Cancel (NOIC) his visa. They say he was given “pre-printed” forms at the airport at around 3.55am on Wednesday, and that the Serbian star was a victim of a “mash-up” of what they say are not grounds for visa refusal.
But there’ll be no acronyms, here, folks. “You’re going to have to drag yourself into the last century,” Judge Kelly has declared.
“I hate acronyms. There’ll be no NOICs, there’ll be no OINKS, or anything else of that nature.”
10:37 HEARING UNDERWAY IN PRIVATE
Novak Djokovic’s case against Home Affairs Minister Karen Andrews has begun. However, the online link to view the court hearing is still not working. The court has advised it is still “working to the rectify the situation”.
Courts by their nature should allow the public to be present in some capacity. This is a bad look for open justice. It’s effectively being heard in a closed court.
Meanwhile an old link streaming the court case is instead showing pornographic content.
The Australian court's inability to work out the livestream for Djokovic's visa hearing is not helping the image of a country that has mismanaged and miscommunicated its way through this entire saga, not to mention many other cases of international travel during the pandemic.
— Damien Cave (@damiencave) January 9, 2022
Djordje #Djokovic: At the airport, Novak’s mobile phone has been taken away from him for three and a half hours without any explanation. They’ve treated him as a criminal, a fugitive.
— SaÅ¡a Ozmo (@ozmo_sasa) January 9, 2022
10:21am DJOKER’S BROTHER HITS OUT (AGAIN)
Djordje Djokovic, Novak’s brother, has taken to Serbian national television. He has claimed that the superstar would never have travelled to Australia had he known he didn’t have adequate paperwork to get past border authorities, and has accused them of a show of strength in his detention.
“He is in a room that is facing another wall,” he is reported to have said.
“Probably to prove him that they’re stronger”.
He also said that Tennis Australia boss Craig Tiley should not be the target of any angst.
“I think Tennis Australia did a good job,” Djordje is reported by Serbian media to have said.
“People should not go after Craig Tiley, because he made an effort and tried, although it’s a big mistake if there were holes in the communication.”
Djordje #Djokovic: I think Tennis Australia did a good job, people should not go after Craig Tiley, because he made an effort and tried, although it’s a big mistake if there were holes in the communication.
— SaÅ¡a Ozmo (@ozmo_sasa) January 9, 2022
10am LINK HAS CRASHED
Novak Djokovic’s court hearing has been slightly delayed due to a temporary disruption.
The Federal Circuit and Family Court hearing - which is being broadcast around the globe online - was due to start at 10am, but issues with the stream have delayed its start.
Officials are aware of the issue and say they are working to fix it.
The site has been overwhelmed with interest from across the world as the world No. 1’s Australian Open fate hangs in the balance.
9:52am FED GOVT ARGUMENT
* Djokovic had a valid visa, but quarantine-free entry to Australia required him to be fully vaccinated or have a medical certificate that met the requirements and showed vaccination was contraindicated.
* He failed to provide appropriate evidence to meet the requirements to enter Australia.
ATAGI advice on temporary medical exemptions regarding vaccinations is for Australians and not foreign citizens.
* His exemption issued by Tennis Australia/Victorian government was only for him to play in the Open.
* The travel declaration is automatically computer generated and only indicated he may be able to travel quarantine-free.
* A player and official who also used the same Tennis Australia/Victorian exemption to enter the country has been deported.
9:37am THE DJOKOVIC ARGUMENT
* The notice given to Djokovic that the Minister (through Border Force) intended to cancel his visa did not set out valid grounds. This means the decision should be invalid.
* He was denied procedural fairness because he was not provided with enough rest, time and access to a lawyer before the Border Force decision was made.
* Border Force did not properly apply the ATAGI advice a recent infection is reason to not get vaccinated.
* He had correctly made an Australian Travel Declaration and otherwise satisfied all necessary requirements in order to lawfully enter Australia on his visa.
9:17am WHO IS SAYING WHAT IN SERBIA?
Dijana Djokovic (mother): “Novak only has lunch and dinner, no breakfast. He told me that himself. Conditions are not humane, he only has a wall to stare at, can’t even see the park because there aren’t regular windows.”
Siniša Mihajlović, famous football player turned coach: “For me, Djokovic is the victim here, he is not the main responsible for this mess. It’s ridiculous for No 1 to be detained in an immigration centre. I’ve known Djokovic since he was a kid, he would’ve never boarded a plane in Malaga without all the necessary documents. I am personally attached to Malaga, and I can vouch that there isn’t a 1% chance that they would let him board the plane without the needed papers.”
Božidar Maljković, president of the OC of Serbia, sent a letter to Australia's OC president: Imagine, dear friend, that our lokal sheriff arrests and question Ian Thorpe like a criminal for 7 hours at the airport in BG, and takes his assets and means of communication. #Djokovic
— SaÅ¡a Ozmo (@ozmo_sasa) January 9, 2022
8:52am WHO IS INVOLVED IN THE HEARING?
Djokovic will not be appearing. Here’s the players you’ll be seeing today:
- Judge Anthony Kelly, or Judge Kelly on a second mention
- Lawyers for Djokovic are Nick Wood SC and Paul Holdenson QC.
- Lawyer for Home Affairs minister Karen Andrews is Christopher Tran
8:32AM 4 POSSIBLE OUTCOMES
Under the current orders against Djokovic, a decision will be needed by 4pm AEDT Monday, as that is the deadline he has been given and he can be deported thereafter.
There are four possible outcomes:
– Djokovic wins the case Monday, he can stay and play.
– Djokovic loses the case Monday, he leaves Australia.
– Case drawn out on Monday, he gets special permission to play while the matter is being determined.
– Case drawn out on Monday, he’s given no permission to play, he leaves Australia.
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