Hawke slammed for Djokovic anti-vax claim: Follow court live

Having once failed to remove the unvaccinated 34-year-old from the country, the Australian Government is trying again.

And Djokovic is fighting back, with a new federal court appeal underway in Melbourne.

FOLLOW LIVE BELOW

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’.”

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.

Originally published as Novak Djokovic court hearing live stream, start time: Deportation from Australia