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Judge makes extraordinary request after being inundated with calls from the public ahead of Covid legal showdown

Steve ZemekNCA NewsWire
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Camera IconNot Supplied Credit: Supplied

A NSW Supreme Court judge has taken the extraordinary step of warning the public not to contact him as he gets set to hear a test case over NSW’s public health orders later this week.

Justice Robert Beech-Jones will oversee a three-day trial in which Health Minister Brad Hazzard will defend the state government’s response to the Covid-19 pandemic.

Two plaintiffs, Al-Munir Kassam and Natasha Henry, have filed civil suits challenging various aspects of the public health orders instituted in response to the latest outbreak fuelled by the Delta variant.

Starting this Thursday, Justice Beech-Jones will hear the challenge to the rules which state that essential workers must receive their first vaccination by September 19 if they are to leave an LGA of concern for work purposes.

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NSW Supreme Court Justice Robert-Beech Jones’ chambers have been inundated with messages seeking to speak to him about so-called mandatory vaccination laws. YouTube via NCA NewsWire.
Camera IconNSW Supreme Court Justice Robert-Beech Jones’ chambers have been inundated with messages seeking to speak to him about so-called mandatory vaccination laws. YouTube via NCA NewsWire. Credit: Supplied

A Supreme Court spokesperson confirmed that as of early Tuesday afternoon, Justice Beech-Jones’ chambers had received over 1800 emails.

It comes as anti-vaccine groups shared online messages encouraging people to contact Justice Beech-Jones and express their views on so-called mandatory vaccinations.

“EVERYONE needs to email & tell him that you oppose mandatory vaccinations, & you believe it is the individuals right to choose,” said one call-out shared on social media.

The matter has attracted such immense interest that the court has been streaming all mentions of the matter on YouTube, with around 25,000 people on Tuesday morning tuning in to a directions hearing to deal with procedural issues.

RESTRICTIONS EASING
Camera IconThe lawsuit is challenging rules which prevent unvaccinated workers from leaving their LGAs for their jobs. NCA NewsWire/Jeremy Piper. Credit: News Corp Australia

And Justice Beech-Jones took the unorthodox step of warning those watching online not to contact him unless they were lawyers for the two parties.

He said that the deluge of emails and phone calls to his chambers had been so great, that those with legitimate business with the court were having trouble getting through.

He emphasised that he would not take any correspondence into consideration.

“Over the last few days, my office has been inundated with emails and telephone calls from people who are interested in the proceedings but are not lawyers or parties,” Justice Beech-Jones said.

“Please understand I will not read any of your emails or take any of your calls.

“People who do so risk interfering with the administration of justice. And anyone who encourages any of this to happen is equally encouraging the interference with the administration of justice.”

The matter will be subject to a three-day hearing starting Thursday, with Justice Beech-Jones on Tuesday morning ruling that evidence in one matter will be evidence in the other.

Ms Henry’s lawyers opposed the move, arguing that it would cause her legal costs to blow out.

The court heard that her matter was only expected to take up one day of the hearing and she would only be calling two expert witnesses, as opposed to Mr Kassan who is calling eight.

However Justice Beech-Jones said given the overlap in the two cases and their contentions, “the prospect of differential evidence in both cases leading to a differential outcome” was unsatisfactory.

Paramedic John Larter has launched Supreme Court action against NSW's so-called mandatory vaccine rules for health workers. Supplied.
Camera IconParamedic John Larter has launched Supreme Court action against NSW's so-called mandatory vaccine rules for health workers. Supplied. Credit: Supplied

Premier Gladys Berejiklian on Monday announced that on December 1, unvaccinated persons would have restrictions lifted as part of a staged repealing of lockdown measures.

Barrister Jeremy Kirk, acting for Mr Hazzard, said he did not know if this would include the easing of restrictions which are being challenged in the suit.

Late on Tuesday, Ms Henry’s lawyers appeared in court as they attempted to compel the government to produce three key documents.

They subpoenaed the minister’s office for access to an email chain between lawyers, as well as those that were before cabinet’s crisis policy committee in June, when deciding to institute the lockdown under the Public Health Act.

Mr Hazzard’s lawyers redacted parts of the email chain, claiming legal professional privilege, however Ms Henry’s lawyers sought the full document.

Justice Beech-Jones rejected their application and upheld the claim.

He also adjourned the application to produce the cabinet documents to be heard by another judge on Wednesday, on the grounds it would be improper for him to view the material given he will preside over the trial.

The government is facing a further wave of lawsuits with another two other civil suits challenging the public health orders set to go to trial in early November.

John Larter, a veteran paramedic and southern NSW deputy mayor, is challenging rules which state that health staff must receive their first jab by September 30 and be fully vaccinated by November 30.

Mr Larter has launched an online fundraiser for his legal costs which has so far raised over $144,000.

The other plaintiff, Ibrahim Can, is launching a legal challenge on the basis of privilege against self-incrimination, the court heard.

Originally published as Judge makes extraordinary request after being inundated with calls from the public ahead of Covid legal showdown

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