Senior health official contradicts Premier's claim on curfew policy
The senior health department official who extended Melbourne's curfew has openly disagreed with Premier Daniel Andrews’ publicly stated reasons for implementing the restriction.
Associate Professor Michelle Giles, who is being sued in her capacity as the state's former deputy public health commander, told the Supreme Court on Thursday the curfew was brought in for health reasons, not enforcement.
Premier Daniel Andrews.Credit:Getty Images
On September 9, Mr Andrews was defiant in his defence of the curfew, saying the decision to impose it was "ultimately made by me".
"It's not a matter for Brett [Sutton], that's not health advice, that’s about achieving a health outcome ... Police then say 'we need rules we can enforce'. These are decisions ultimately made by me."
But Associate Professor Giles, who appeared via videolink from the Health Department’s Lonsdale Street boardroom, said the purpose of the curfew was to reduce the movement of Victorians to prevent further spread of the coronavirus.
"I don’t agree with some of [Mr Andrews'] comments," Associate Professor Giles said, "particularly the law enforcement one".
Restaurant owner Michelle Loielo with Liberal MP Edward O'Donohue.Credit:Facebook
"The curfew, in my view, was about reducing the movement of people," she said.
The overnight curfew, introduced on August 2 to slow the spread of COVID-19, was extended on September 14 and then suspended on Sunday, a month ahead of schedule.
Associate Professor Giles who told the court she was temporary deputy public health commander for four days – when the decision to extend the curfew was made – also rejected claims made by barrister Marcus Clarke, QC, that she was "duty-bound" to follow the Premier's road map.
The revelation follows a failed last-minute bid by Victorian government lawyers to halt the legal challenge to the curfew after Supreme Court judge Tim Ginnane insisted the case should go ahead.
Solicitor-General Kristen Walker, QC, had argued that Mornington Peninsula cafe owner Michelle Loielo no longer had standing because the curfew policy she was challenging was no longer in place.
Ms Loielo, an aspiring Liberal Party MP, filed a lawsuit on September 14 claiming the curfew was unreasonable, disproportionate and violated the human rights of millions of Victorians.
In affidavits released on Thursday, Ms Loielo revealed more about her fears, saying she was afraid of being pulled over by police even though she carries a permit to travel.
"Every time I see the Premier, Daniel Andrews on the television and every time I hear the Premier speak, I feel a sense of dread and anxiety," Ms Loielo said.
"I feel this way because I am insecure about whether he is going to reimpose the curfew, simply because he has the power to do so."
She said her fears were fuelled after seeing footage of Victoria Police officers arresting a pregnant woman.
Ms Loielo also claims that Associate Professor Giles was acting under the dictation of Mr Andrews when she extended the curfew and that the imposition of the measure was unreasonable, irrational and illogical.
Ms Loielo has previously said the revenue of her business, Unica Cucina E Caffe in Capel Sound, has fallen by about 99 per cent, which might result in her losing her home.
On Wednesday, Ms Walker said that Ms Loielo’s evidence didn’t support the notion that it was specifically the curfew that harmed her business, and that it was the totality of the restrictions, such as rules on movement and dining in restaurants, that had hit her bottom line.
The other restrictions are not the subject of the lawsuit.
The government's decision to impose the curfew came into focus after Chief Health Officer Brett Sutton and Chief Commissioner Shane Patton both said it was not their idea.
The case continues.
David Estcourt is a court and general news reporter at The Age.