Novak Djokovic is not far from learning his fate. Five hours after a Federal Court hearing got underway in Melbourne, we are close to a final decision. FOLLOW LIVE.
Novak Djokovic is not far from learning his fate.
Five hours after a Federal Court hearing got underway in Melbourne, we are close to a final decision.
Having once failed to remove the unvaccinated 34-year-old from the country, the Australian Government is trying again.
The court’s format — a panel of three justices — leaves little room to appeal any decision.
FOLLOW LIVE BELOW
4:11PM ORDER OF PLAY
If Djokovic wins this hearing he is scheduled to play last on Rod Laver Arena Monday night. Aus Open organisers will give the defending champion as much times as possible to prepare should he get the all clear
.
DJOKER’S MESSAGE TO AUSSIE KOKKINAKIS
Amid the threat of deportation, Djokovic sent Aussie Thanasi Kokkinakis a message, writing: “Congrats on your maiden title in home town, Thanasi. After all the hardship injuries have caused you, I am sure this feels even sweeter.
“You deserve it! Great for tennis. Good luck in Melbourne.”
COURT ADJOURNED FOR DECISION MAKING
Now how long this takes is anyone’s guess.
Chief Justice Allsop flagged the reason for their visa deliberation may not be made public until Monday.
2;36pm APPROACHING THE END
Mr Wood has asked the court, if it rules in Djokovic’s favour, to release him from detention within 30 minutes.
If Djokovic does win here, he is due to play his first round tie tomorrow (Monday).
Submissions have now been finalised. Chief Justice James Allsop, Justice Anthony Besanko and Justice David O’Callaghan will now consider the case and come back with a decision. The deliberations could run into late Sunday afternoon or early evening.
2:19pm DJOKOVIC’S LEGAL TEAM RETURN
Djokovic’s legal team has taken back the floor. Mr Wood reiterated that it was unreasonable for Minister Hawke not to consider the consequence of the decision he ultimately made “given the way the minister framed his own reasons”.
2:17pm:
Mr Lloyd said Djokovic’s views – historical, perceived or unanswered – in combination with his vaccination status contributed to the minister’s decision that the tennis star could stoke anti-vaccine sentiment. “That is all that is required to make the inference by minister”. He wants Djokovic to pay the government’s legal costs.
2:01pm:DJOKOVIC’S POWER AS AN ANTI-VAX INFLUENCER
Mr Lloyd has returned to court to fight for Djokovic’s deportation. He cited Serbia’s low vaccine rates as potential for Djokovic’s power as an anti-vax influencer.
“Mr. Djokovic’s iconic status must be highest in Serbia…in Djokovic’s home country, it is estimated that under half of the country” is fully vaccinated.”
Mr Lloyd added Djokovic’s views are one thing and how they are publicly perceived another.
1:35pm: Court returns from adjournment
12:25pm ONE CRUCIAL WORD
Mr Lloyd said Minister Hawke did consider the consequence of either cancelling or not cancelling Djokovic’s visa. “He’s done his best to consider the matters, alive to the fact (Djokovic’s) views weren’t sought. That suggests the minister tried to look at things broadly.”
The whole thing sort of hinges on the word “may” ie Hawke doesn’t have to show anything other than Djokovic’s presence MAY cause the unrest he alleges, not that it is probable.
12pm RISK TO PUBLIC OUTWEIGHTS RISK OF PROTEST
Mr Lloyd has reiterated Djokovic’s presence in Australia does threaten to undermine public health and there has already been unrest over the visa cancellation decision.
“His presence in Australia would present strongly his anti-vaccination views. The applicant also has some history of ignoring Covid-19 safety measures.
“Even when infected he undertook and interview where he took his mask off. The minister took the view his presence in Australia would encouraged others to emulate his (actions).”
11:55am KYRGIOS BACKS DJOKER
Very much in Djokovic’s corner is Nick Kyrgios who has slammed the handling of the fiasco.“We’re treating him like he’s a weapon of mass destruction at the moment,” he said. “The mistreating of the people of Melbourne over the past two years has been atrocious, and I understand the anger towards him being unvaccinated and the medical exemption, I understand that. Now I feel like the people, no matter what Novak does, they’re just going to say ‘get him out of our country’.
“I am on Djokovic’s side.”
11:42am OVER TO TEAM HAWKE
We are now hearing from the federal government’s lawyer, Stephen Lloyd. He’s told the court Djokovic publicly stated he was not in favour of taking vaccines before they were even available and that strengthens their deportation case against the world No.1.
Lloyd says that, “at this stage of the pandemic”, Djokovic “could have been vaccinated if he wanted to be.
“Even before vaccines were available he was against it – his prima facie position was to be against them,” he said.
“It’s not neutral about vaccinations.”
“Someone who has not been vaccinated was doing so by choice, to not be vaccinated,” said Mr Lloyd, who is arguing Djokovic’s unvaccinated status demonstrates opposition.
11:33am DJOKER’S TEAM CONCLUDE
Mr Wood has wrapped up his argument. His main arguments were that the government failed to consider the consequences of cancelling Djokovic’s visa and that it was not open to the minister to be satisfied that his presence created a relevant risk.
In a nutshell these are the three grounds presented by Team Djokovic:
Ground One: Failure to consider the consequences of cancellation.
Ground Two: Not open to the minister to be satisfied the presence of Mr Djokovic “is or may be” a relevant risk.
Ground Three: Unreasonableness and/or irrationality in regard to finding concerning Mr Djokovic’s “stance on vaccination”
We are over to team Hawke and about 45 minutes from the first break
.
11:18am ALMOST THERE
Wood assures us he is 15 minutes from concluding his arguments.
Does it seem strange to anyone else that an online poll is being used as evidence of public opinion in a court room?
Whether it’s the one being cited which suggests favour to Djokovic or the one run by the Herald Sun which suggested 84% of audience wants the Serb deported, do we think this is dangerous ground?
10:58am HAWKE SLAMMED FOR ANTI—VAX CLAIMS
Mr Wood slammed the minister over his “irrational” visa decision. “It was irrational for the minister to only contemplate the prospect of fostering anti-vax sentiment by Djokovic playing tennis and not consider the alternative with anti-vax sentiment (being brought upon) by the act of expulsion”.
10:32am DJOKER HASN’T CAUSED PROTESTS
Mr Wood says the governemt has provided no evidence that Djokovic’s presence or anti-vax views has impacted on the vaccine rollout.
Mr Wood said there has been no evidence of anti-vax protests being staged at tennis tournaments across the world since the creation of Covid-19 vaccines.
“There is no logical connection there whatsoever,” he said.
“The anti-vax protests have been directed to action by the state.”
Pic below taken yesterday
10:25am TURNING ON HAWKE
Mr Wood is arguing that the anti-vax unrest that the Minister is alleging Djokovic’s presence has stirred up has in fact been caused by the actions of the government in seeking to cancel his visa.
Mr Wood said the government is solely responsible for the angry response by anti-vax groups by cancelling Djokovic’s visa. “That was what the anger was directed to,” he said.
10:13am HAWKE’S ERROR?
Mr Wood says the Minister’s assertion that Djokovic wouldn’t take a vaccine is based on a BBC article but the governemt has selectively quoted from it.
The Govt does not quote the line where Djokovic said he had an open mind on.vaccination.
Djokovic’s legal team are pointing to a BBC article referred to by the government which details what the top-ranking tennis star previously said about vaccinations. Mr Wood told the court the few comments made by Djokovic form the “sole factual evidentiary foundation” for Djokovic apparent anti-vax views
10:02am ARGUMENTS CONTD
Djokovic’s lawyers are now arguing the material that the minister attached to his statement of reasons for booting him are largely irrelevant.
Wood says the only the thing that should have been attached are an article from the BBC about Djokovic’s vaccination views and Guardian and ABC articles about anti-vax protests.
Wood SC Immigration Minister Hawke did not seek or read the actual medical material provided to him by Djokovic.
Mr Wood said the minister relied on medical information saying Djokovic was “negligible risk” of transmitting COVID-19 to others.
9:55am DJOKER ARGUMENT
Djokovic lawyers are currently arguing whether or not the Court can consider Hawke’s reasons to deport – basically that if the Serb remains in the country it could incite anti vax sentiment claiming that deporting him could bring about a similar response.
“That in itself might be apt to generate anti-vax sentiment.”
The statute didn’t require Hawke to provide reasons for his decision.
But having done so Djokovic’s lawyers are arguing the case law is clear that the court can use them to decide if Hawke acted lawfully.
9:43am STOP INTERRUPTING
“Court would be grateful if we can complete this in due time. We should be able to complete this argument by lunchtime.”
We would all be grateful if we can get this done by lunch yeah. I like this judge.
And the lawyers juts got a bit of a telling off for interrupting the judge – for a third time.
9:36am WE ARE UNDERWAY
Currently just outlining why we are here and what we are hoping to achieve.
“not the least of which the minister himself [said]…matters involved in the controversy go to the very preservation of life and health in the community.”
Chief Justice James Allsop opened the hearing by declaring it is “important to resolve this controversy as soon as possible”.
9:22am WHO IS WHO
Justice David O’Callaghan
For Novak: Nick Wood SC and Paul Holdenson QC (older guy).
For Immigration Minister Alex Hawke: Stephen Lloyd SC and Christopher Tran
Full court panel of judges are Chief Justice James Allsop, Justice Anthony Besanko and Justice David O’Callaghan.
8:58am DJOKER ON THE MOVE
In the last few minutes, Djokovic has been photographed leaving the horror hotel to make his way to his lawyer’s office in order to watch the court hearing.
We are about 30 minutes from things getting started.
Joining me this morning are James Campbell and Anneka Simonis who will be translating the court hearing as it goes.
Word from our reporter at the hotel, Laura Placella: Novak Djokovic has returned to his lawyers’ office on Collins St after departing the notorious Park Hotel around 8.30am.The tennis champ could be seen sporting a Lacoste sweater and blue jeans as he left the detention facility, having changed out of the green tracksuit set he arrived in on Saturday.
8:43am WHAT HAPPENS TODAY?
The court’s format — a panel of three justices — leaves little room to appeal any decision.
Scott Morrison’s government has tried and failed to remove Djokovic once before — on the grounds he was unvaccinated and that a recent Covid infection was not sufficient for a medical exemption.
A lower circuit judge ruled that officials made procedural errors in that decision.
For a few days, Djokovic was free to train before a second visa revocation and a return to a notorious Melbourne immigration detention facility.
Djokovic’s high-powered legal team are expected to kick off proceedings, arguing his detention and his deportation are “illogical,” “irrational” and “unreasonable.” If the 34-year-old loses, he will face immediate deportation and a three-year ban from Australia — dramatically shortening his odds of winning a championship he has bagged nine times before.
If he wins, it sets the stage for an audacious title tilt and will deal another humiliating blow to Australia’s embattled prime minister ahead of elections expected in May.
8:40am D-DAY IS HERE
Good morning and welcome to what feels like day 1043 of the Djokovic fiasco. With any luck today is it. End. Finito. Terminato (not even sure that’s a real language word) but you get my drift. This needs to end. We need to talk about backhands, lobs, smashes and how many racquets Nick Kyrgios is smashing.
We will be following the court hearing live, translating the jargon that seems to make time stand still, and bring it to you in snippets.
For all the latest Sports News Click Here
For the latest news and updates, follow us on Google News.
