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Health

Nicola Spurrier spared from giving evidence in COVID vaccine mandate trial

Nicola Spurrier was accosted by anti-vaxxers outside court.

Police have escorted South Australia's top health chief outside of the Supreme Court as she was mobbed by a group of anti-vaccine mandate protesters.

Protesters yelled "shame" at Chief Public Health Officer Nicola Spurrier as she entered and left the court this morning. 

She was spared from giving evidence at a court bid to overturn COVID-19 vaccine mandates for healthcare workers.

SA Premier Peter Malinauskas and SA Health Minister Chris Picton condemned her treatment.

"Professor Spurrier has done an outstanding job looking after the interests of South Australians throughout the course of the pandemic and I think she deserves credit and respect for that," Mr Malinauskas said.

"I think their [protesters] behaviour today is more than just unacceptable, I think it is inconsistent with who we are as a state and as a country, and they should be ashamed of themselves, quite frankly."

Mr Picton tweeted that the behaviour towards Professor Spurrier was an "absolute disgrace".

On behalf of his clients who brought on the trial, Simon Ower QC said they "strongly condemn what happened this morning outside court towards Professor Spurrier".

"We live in a society governed by the rule of law," he said in a statement read to the court.

"My clients invoke that rule for this court to determine the lawfulness of the commissioner's mandates in a civil and orderly manner.

"What happened outside court this morning was the opposite of that and must never happen again." 

AFLW player Deni Varnhagen, one of two nurses who brought on the trial, said: "We certainly don't condone those actions at all."

Nicola Spurrier had been subpoenaed to give evidence at the trial. (ABC News: Evelyn Manfield)

Judge ruled no evidence needed from Spurrier 

It was possible Professor Spurrier could have been called upon to give evidence in the trial, which is seeking judicial review of the government's COVID vaccine mandate for healthcare workers.

But Justice Judy Hughes ruled there was no relevant evidence the professor could give.

Justice Hughes said she would deliver her reasons for the decision at a later date.

Ms Varnhagen's counsel had issued a subpoena for Professor Spurrier to give evidence.

The court heard Police Commissioner and emergency coordinator Grant Stevens was unwell and unable to attend court on Thursday.

Nurse and former AFLW player Deni Varnhagen arrives at the Supreme Court.

It was also "very unlikely" he would be able to attend tomorrow, the court heard.

Mr Ower, for the two nurses, yesterday told Justice Hughes that the challenge was not about the "wisdom" of the mandate.

"It's a case about power," he told the court.

He said Commissioner Stevens was "acting in excess of his power" by mandating vaccines under the Emergency Management Act.

The court yesterday heard Ms Varnhagen – an inactive Adelaide Crows player – was not vaccinated against COVID-19 and lost her nursing jobs at the Flinders Medical Centre and Glenelg Day Surgery due to the mandate, and was "working as a casual labourer two to three days a week to survive".

Mr Ower said Ms Varnhagen did not get vaccinated because she believed the mandate direction left her with no choice and it was being forced on her.

Court hears from professor developing vaccine

The court also heard today from Flinders University professor Nikolai Petrovsky, who questioned the effectiveness of COVID-19 vaccines in preventing infection.

Professor Petrovsky, who appeared for the applicant, said under cross-examination the approved vaccines were effective at preventing severe disease and death, but not at preventing people from catching the virus.

Professor Petrovsky is on leave from Flinders University after refusing to take an approved vaccine as well as his own vaccine. (ABC News)

But the Crown questioned whether Professor Petrovsky had a personal interest in speaking out against the current vaccines because he was developing his own COVID-19 vaccine.

His vaccine not yet been approved in Australia but has gone through clinical trials overseas.

The trial continues.

SA recorded 6,091 new COVID-19 cases today. Three people with COVID-19 have died in the latest reporting period - a woman in her 90s and two men in their 80s.

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