On 27 February 2024, Justice Martin delivered his judgement that Direction 12 and Direction 14 issued by the Commissioner of Police (CoP) in 2021 (Ms Katarina Carroll) were unlawful as she failed to properly consider Human Rights. Sibley Lawyers fought hard on behalf of 54 applicants and all Police, to have the forced medical procedure found unlawful. Many who for various reasons did not, or could not comply with those directions had been suspended without pay for over two years. Many had been dismissed from the Service. Some had sustained permanent injuries as a result of having the vaccine under the duress of an unlawful direction.
The decision is important in the protection of human rights. It affirms that a vaccine mandate cannot be imposed on a whim, or as is the case for the CoP relying it seems on others telling you that it is a good idea. Whilst the decision did not affirm that the limit on the human right not to be subjected to a medical procedure without fully informed consent was not unreasonable, it did find that a person directed to get a vaccine or face termination is unable to give fully informed consent. They are by the nature of the direction, coerced. Ultimately the reason for the finding was that the CoP failed to consider human rights and thus it was unlawful.
The CoP is restrained from taking any action against the 54 applicants. Justice Martin said, “while it would be unusual for such action to be taken on the basis of an alleged breach of a direction found to have been made unlawfully, that remains a possibility and the appropriate way of proceeding is…” to make an order protecting those members from disciplinary action. Clearly such a restraint is needed, given the adverse action, including suspensions and terminations of Police, who had done nothing wrong other than maintain their bodily autonomy. The decision can be found in the below link
