By Cam Lucadou-Wells
A Cranbourne West protestor has failed in a Supreme Court bid to challenge the state’s Covid lockdown restrictions.
Kerry Cotterill was issued a $1652 on-the-spot fine by police officers while walking outside carrying a sign featuring Premier Daniel Andrews with the words ‘Toot To Boot’ on 13 September 2020.
She also wore a face mask with the words ‘Ban Dan’ on it.
Ms Cotterill stated she was following Chief Health Officer directions by wearing a mask, being no more than five kilometres from home and had not previously left her house that day for exercise.
However, she was fined for being out of the house for a “non-permitted reason”.
In her court action, she argued the stay-at-home directions were invalid due to an implied freedom of political communication in the Australian Constitution.
On 17 August, Victorian Supreme Court judge Richard Niall stated the CHO’s directions to restrict movement were a “significant obstacle to political activity“ but were valid.
They were designed to combat the pandemic’s “serious health risk”, Justice Niall stated.
There was no room for a “dual purpose“ for leaving home that included a “non-permitted reason“.
“The ability to leave to engage in political communication adds a ‘pull factor’ that is not found in the Directions.
“To allow a person to leave for the avowed purpose of engaging in political communication may add an incentive to leave the home on one or more occasions than they would otherwise have left.”
Justice Niall said evidence showed outdoor gatherings in 2020 presented “significantly lower risk than indoor gatherings but they were not without risk”.
“I note the risk has changed with the Delta variant.”
Ms Cotterill was fined under CHO Directions 14, which were issued in 27 August 2020 when there were 111 Covid-19 daily cases and 15 mystery cases.
There was a 14-day average of 189 daily infections, and 453 mystery cases across the same period.
At the time, people could only leave home for five reasons – including exercise for an hour, work or education, care or compassionate reasons and obtaining goods or services.
They could only travel within five kilometres once a day, had to socially distance, and had to wear a face mask at all times. Gatherings of more than two people were banned.
