Update: Bar Wunder owners front Toowoomba court for Covid-19 restriction breaches

Here’s what happened when the former owners of Toowoomba’s Bar Wunder fronted court for allegedly failing to comply with Covid-19 restrictions that were in place at the height of the pandemic.

Bar Wunder owners Fiona Davis and Mark McElligot. Pictures: Kevin Farmer

The owners of a Toowoomba bar who took a stance against Covid-19 directions that were in place during the height of the pandemic are still fighting charges before the courts.

Fiona Leigh Usher and Mark Kenneth McElligott have each been charged with two counts of failure to comply with the direction of a Covid-19 emergency officer.

The pair has yet to enter pleas.

In 2021, the Bar Wunder owners were fined more than $6000 for refusing to follow any and all Covid-19 restrictions, including social distancing, mask mandates, and excluding patrons who were not vaccinated.

Police stand blocking the entrance to Bar Wunder as people gather on the footpath outside the Toowoomba bar shut down over failing to comply with public health orders, Friday, December 31, 2021. Picture: Kevin Farmer

At the time of the controversy, the Queensland Police Service enforced temporary closures of the bar, however the owners shut their doors for good in April 2022, alleging the mandates ruined their business.

Ironically, their announcement was made days before the vaccination mandate they were protesting against was lifted.

Their case was briefly mentioned in Toowoomba Magistrate Court in late July, however their appearance was not required.

Bar Wunder owners Fiona Davis and Mark McElligot opened their bar in the Toowoomba CBD in 2018.

Solicitor Melissa Bansraj, who represented both Ms Usher and Mr McElligott, said there was a case currently before the Brisbane Supreme Court which was pertinent to her clients’ case.

“There are challenges involved to do with the failure to comply with the chief health officer’s (direction during) Covid-19,” she said.

“It would also be challenging the chief health officer’s vaccination directions in relation to entering a public venue.

“(They) will have some bearing on our client’s matters before the court.”

Ms Bansraj told the court although all the higher court matters had completed proceedings in May, the Judge presiding over the case had yet to pass down their judgment.

Supporters of Bar Wunder outside Toowoomba Courthouse, Tuesday, January 25, 2022. Picture: Kevin Farmer

She asked for a longer adjournment than usual, before the case returned to the Toowoomba court, to account for the Supreme Court appeal to be finalised.

The court was told the charges would next be mentioned in court on September 22 and Ms Usher and Mr McElligott had both their bails enlarged.

A landmark NSW Supreme Court case in late 2022 resulted in the withdrawal of more than 33,000 unpaid Covid-19 fines worth $30m, after finding flaws with how they were issued.