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Police officer Ben Falconer loses Covid-19 vaccination legal fight in WA Supreme Court

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A police officer who argued mandating the Covid-19 vaccine was unlawful has lost his legal fight in the West Australian Supreme Court.

Senior Constable Ben Falconer had his final appeal dismissed on Tuesday after fighting former Police Commissioner Chris Dawson’s decision in 2021 to force police officers to be vaccinated.

Also involved in the case was Leslie Finlay, a public service officer employed in the Police Department.

Under the Covid-19 rules announced at the time, if officers refused to get the jab they faced disciplinary action, including dismissal.

“The Falconer and Finlay appeal against the WA Police Commissioner’s direction to be vaccinated has been dismissed,” WA Police said in a statement.

“The court confirmed the direction to get vaccinated, which was given to police officers and police staff, was lawful.

“Disciplinary action against 12 serving police officers and five police staff will now resume.”

Outside court, Senior Constable Falconer made a brief statement.

“The purpose of this litigation was to discover the rights WA employees have over their own bodies in the workplace,” he said.

“The government and judiciary have formed a perspective and we the people need to reflect on where that leaves us.”

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