I had to wait to post this entry instead of doing it straight away after Meryl Dorey posted a live video with the AVrN’s legal advisor, Julian Gillespie, complaining about the Full Bench of the Federal Court dismissing immediately the appeal against the decision by Justice Perry back at the end of March.
The first reason was that there were no orders to go with the decision at the time – which was unusual. Justice Perry issued orders straight away when she handed down her decision. And others have as well. When I couldn’t find out what was going on – I had to wait. I didn’t want to say anything about the decision that was not correct. The only thing I thought I knew (and that’s the point) was that the application for dismissal for lack of competency had been upheld.
The second reason was the reaction by AVrN supporters. There were some absolute nutters amongst them and they needed to be taken to task on this blog. However there were too many to go through and pull apart and I just don’t have the time.
I have already spoken of the lack of competency in the previous entry. I saw it for myself. It was that obvious. And this lack of competency was confirmed on the day when the Full Bench rightly challenged the AVrN’s barrister on the issue of the difference between fact and hearsay. Gillespie called it bullying. It’s not bullying to make a perfectly valid legal point that was obvious even to me – a person who doesn’t have legal qualifications (but plenty of legal experience of course). It’s on Mark Robinson that he refused to listen. Opinions (which is what Dorey was putting in her Affidavit) are not admissible. In fact Justice Perry – if she wanted to do it by the book – could have struck the lot out, and she would have been right to do so. It is not fact, unless it is backed up with proper proof. Where for example is the recognition by the government of the day federally of their existence and their position? Where is it at state level in the AVrN’s home state of New South Wales, or any other state or territory for that matter? It’s nowhere. Lobbying means nothing unless there is an appropriate mention in Parliamentary paperwork. Mere participation is not enough. Anyone can participate – including me, and I have. Do I claim standing? No I don’t. This is the problem – to overcome this situation, the AVrN must have a direct cause of action and the standing to back it up. There’s a reason why their letters were ignored – they were wrong and trying to make trouble. They lost their standing right there in this instance. They had already lost standing previously when the New South Wales Department of Fair Trading ordered them to change their name. Not to mention the negative publicity they have got over the years.
The AVrN are NOT the peak body on vaccines in Australia. It doesn’t matter how long they have been at this. They are liars. Established liars. Even if their science to prove their case had been brought on, the defendant would have countered it with more reliable science – as well as knocking on the head all the claims of deaths beyond the 11 (at the time of their filing – 13 as of August 7) that had been proven. This is the point. The AVrN want a reaction from reports. That is paranoid. You have to PROVE it was the vaccines, and they won’t because they can’t, and they refuse to. The peak body in Australia on vaccines is the Australian Technical Advisory Group on Immunisation (ATAGI).
Gillespie also mentioned the rabbit holes. There are no rabbit holes – certainly not multiples. He proved that with the pathetic conspiracy theory over Event 201 in October 2019. This pandemic was NOT planned! That sort of event had taken place many times – to test whether or not we are ready for a pandemic. And that event was limited to the United States as well – it was not an international event with governments attending from outside the US. Not at all. Masks work as well – there is plenty of science over that to back it up. The guy should get out of legals entirely. He has no idea what he is talking about and has totally lost touch with the court rules.
Yesterday – finally – the orders were published and the file was closed meaning that there will be no reasons for decision. The orders basically are;
- The application for leave to appeal is refused
- The appeal be dismissed as incompetent
- The applicant pay the respondent’s costs
This would indicate that their Honours saw no reason to add to what Justice Perry had said in her original decision. And rightly so.
This won’t shut them up of course. They’ll keep on going with their pathetic agenda. But one thing has been made plain in legal precedent. They don’t have standing on the subject of vaccines. And there is not thing one they can do about it.
Edit (September 7): I was wrong – reasons were in fact published;
http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCAFC//2022/135.html
All about Anti-Vaxxers 