Djokovic opts not to take the stand

The Australian government has argued that tennis superstar could have used his deportation hearing yesterday to explain his vaccination views, but he declined to do so.

Djokovic is back before a court in Australia as the Serbian tennis star attempts to overturn the cancellation of his visa for a second time so he can remain in the country to defend his Australian Open title.

The hearing in the Federal Court was under way before Chief Justice James Allsop, Justice Anthony Besanko and Justice David O’Callaghan.

In the government’s written submissions to the court, Stephen Lloyd, SC – representing Australian Immigration Minister Alex Hawke – said ‘‘Mr Djokovic has chosen not to go into evidence in this proceeding’’.

‘‘He plainly could. And he could set the record straight, if it needed correcting.

‘‘But he has not and that has important consequences.’’

One of the Australian government’s reasons for deporting Djokovic is that he has taken a well-known stance against vaccination which could galvanise the anti-vax movement in Australia.

It was a key point in yesterday’s hearing, with Djokovic’s lawyer, Nick Wood SC, repeatedly opposing that premise.

Wood argued there was no evidence that Djokovic’s mere presence in Australia could incite antivax sentiment, instead contending that deporting him could generate that feeling.

‘‘We contend the Minister did not consider the obvious alternative scenario … the possibility that [Djokovic’s] visa might be cancelled, [he is] expelled from the country and impaired in his career generally … it’s quite obvious that in itself may generate anti-vax sentiment,’’ Wood told the court.

Wood also argued that there was no proof that Djokovic’s appearance at tennis tournaments since the start of the pandemic had stirred up anti-vax protests, and said support in Australia for Djokovic had in fact been stirred up by the government’s decision to cancel his visa.

‘‘Covid-19 vaccines have been part of our world, in the sense they developed, passed tests and varying degrees across the world, distributed and uptaken by humanity for now a year or more ... A considerable period of time,’’ he said.

‘‘Throughout that time, Mr Djokovic has been playing tennis. Indeed, he played tennis at the Australian Open 2021. All grand slam tournaments.

‘‘When the minister is contemplating whether he might be satisfied the mere presence of Mr Djokovic in Australia may foster anti-vax sentiment in Australia, which might then lead to some appreciably lesser uptake of vaccination is Australia, it’s not as though there wasn’t … a reservoir of evidence the Minister might call on.

‘‘Mr Djokovic is a well-known public figure competing at tournaments with the media throughout. If there is any foundation for thinking … a tennis tournament might lead to anti-vax sentiment, one expects it to be supported by the evidence about anti-vax protests or rallies or the like at tennis events or grounds or surrounds.

‘‘There is nothing of any kind like that identified by the Minister.’’

Djokovic left his immigration detention hotel in Melbourne this morning and was photographed been driven to his lawyer’s office inside the city’s Rialto Tower.

The hearing was expected to conclude yesterday.

Wood also criticised Hawke’s use of a BBC interview with Djokovic in 2020, which took place before Covid-19 vaccines were available, saying he had made no effort to contact Djokovic to gauge his current thinking.

Wood says that parts of this article are the ‘‘sole factual foundational for the Minister’s case about Mr Djokovic’s supposed stance with respect to vaccination’’, but says the comments in the story were made before a Covid-19 vaccination was available. He says that, over the past few days, the Minister did not seek Mr Djokovic’s current views when it comes to vaccination.

‘‘The necessary inference is the Minister contemplated the possibility … but elected, by reasons he did not explain, not to seek clarification.’’

World No 1 Djokovic, a 10-time winner in Melbourne, is the top seed at the tournament and needs to be on the tennis court today for an opening-round clash with Serbian compatriot Miomir Kecmanovic. Australian Open organisers are poised to make draw changes should Djokovic’s last-ditch legal bid fail.

Djokovic came under added scrutiny this week when he admitted in a statement he had provided

For the latest from the Novak Djokovic appeals hearing, go to stuff.co.nz