A WA police officer has flagged a possible appeal after losing a court challenge to the state's COVID-19 vaccination mandate.
Ben Falconer took legal action over the mandate, which had required all police officers to be vaccinated, and a direction by the Chief Health Officer banning unvaccinated officers from attending police premises.
The mandate requiring officers to be vaccinated is no longer in place.
Mr Falconer claimed the directions were disproportionate and irrational, arguing some duties could be performed at home, without needing to attend a police facility.
But Justice Jeremy Allanson dismissed his case, finding the actions of the police commissioner and chief health officer were justified in the "extraordinary" circumstances of the pandemic.
"All of the evidence establishes that the COVID-19 pandemic was, and remains, an extraordinary emergency," he said.
"The measures that were taken were undoubtedly extraordinary, but that does not establish that they lacked rationality".
Vaccine limited COVID spread: judge
Justice Allanson said the evidence showed that vaccination "is effective in reducing rates of infection, and thus transmission" and two doses were effective in preventing serious disease.
He said it was "common knowledge" that WA had "been able, by closing its borders, to limit the spread into the community."
He said COVID-19 "carried a risk of potential harm to public health that was of a high impact and a wide scale."
Justice Allanson said the court needed to be informed by expert opinion, and the state's witnesses strongly supported the measures that were introduced.
He said they were not cross-examined, and there was "no challenge to the assumptions or facts upon which their opinions proceeded".
Appeal being considered
Speaking outside court, Mr Falconer flagged a possible appeal.
"You don't start a fight like this unless you're willing to lose it," he said.
"This is only the beginning, we'll get some advice from our lawyers and see what appeal options we have.
"Otherwise I just have a quote from Martin Luther King that comes to mind, that, Australia we have 'a moral responsibility to disobey unjust laws'.
"I think the country needs to spend some time with that."
A challenge brought by WA Police radio operator Leslie Finlay was also dismissed.
Police continue to work through disciplinary action
Commissioner Col Blanch said that overwhelmingly WA Police officers and staff did their duty during the height of the pandemic.
"They took measures to protect themselves, their colleagues, their loved ones and the community that they serve, from COVID," Commissioner Blanch said.
"The devotion to duty of WA Police was crucial to Western Australia safely navigating this global pandemic."
In a statement, WA Police said it would continue to work through the disciplinary processes regarding vaccination directions.
There are 51 police officers and 21 police staff facing disciplinary action.
Of those, 25 officers and 17 staff remain stood down on full pay.
