Advantage Djokovic in a real court drama
WIFI’S buggered. Link won’t open. Now it does. A Federal Court official can’t get the Mute All to work. There’s techno music in the background. Blame Kyrgios. There’s giggling. Probably Rafa. Shouting. Djokovic’s old man on his loud speaker in Belgrade? One bloke keeps mumbling like a lunatic, ‘Nole, Nole, Nole’. Probably Tiley.
Room 20 of the Federal Court is up and running. If you can get in/ log on. Technical difficulties are disastrous. Transparency is imperative. You imagine the court official scratching his head like Homer Simpson being told to hit any key. Where’s the ANY key?
It’s extraordinary that any of us can join the hearing, unmute our laptop and if we’re so inclined, shout, “Vamos, Rafa!”
Quiet, please. The Djokovic up for mention, Novak, doesn’t know whether to pack his bags or book a practice court. “Temporary Disruption” appears on my screen. Then, “Service Unavailable”. When the broadcast comes good, one excitable fellow incenses Judge Anthony Kelly when he logs in, activates his microphone and says, “We’re in!” Probably Medvedev.
It’s reported that a Microsoft Teams link displaying the stream has been bombarded by “people claiming to be members of the Serbian press” who are “intermittently blasting folk music and memes”. That sounds more like the Swiss media pack. Pornographic material starts popping up on the live feed. Blame Tomic.
We know the nuts and bolts of the debate. Djokovic is stopped at Tullamarine Airport by Australian Border Force. Djokovic is sent to hotel quarantine. The court hears he told border officers, “If you will let me talk to people, although you’ve taken my phone from me, I will try and get you what you want.”
Judge Kelly has sympathy for the world No.1. Sympathy for his belief that his medical exemption from Tennis Australia and the Victorian government were all he needed to enter the country and clean up again at Melbourne Park.
Judge Kelly says, “Here, a professor and a physician have produced and provided to (Djokovic) a medical exemption. Further to that, that medical exemption and the basis on which it was given, was given by a (panel) established by the Victorian Government. That document was in the hands of the delegate. The point I am somewhat agitated about is what more could this man have done? “In effect, (he) wouldn’t even have come here if he didn’t have everything needed to get into the country.”
Djokovic’s lawyer, Nick Wood SC, says the 20-time major champion thought he “had ticked every box”. He adds: “Mr Djokovic was doing his level best to provide material to the officer at Tullamarine. Mr Djokovic did provide that evidence (in Dubai) before he boarded that aircraft.”
On a court, or in one, the only thing that matters is the result. Gallant defeats are overrated. They still leave you calling a taxi for the airport. Border officials are accused of making a crucial typo on the visa cancellation document. Of not letting Djokovic talk to lawyers or Tennis Australia, or use his phone. Judge Kelly orders the Serb’s release from immigration detention so he can view the hearing from another venue. He ends up in the lawyers’ room, offcamera. After lunch, the hearing is shown on YouTube. Once you get past something called Baby Shark Dance and Ed Sheeran’s Shape Of You, you’re courtside. A photo emerges of a piss-taking protester holding a sign saying Djokovic “HAS DONE NOTHING ILLEGAL. HE DESERVES 5 STAR ACCOM AND HIS PRIVATE CHEF NOW.” Not sure who’s side he’s on. Every time things get moving, they halt again. More stoppages than a rugby Test. Then Judge Kelly delivers the biggest bombshell since John McEnroe was defaulted during the fourth round of the 1990 Australian Open.
The government’s case is quashed. Djokovic is to be let out of detention. He gets costs. He gets his passport and his racquets back. But then Christopher Tran, the lawyer for the Minister for Home Affairs, drops his own bombshell on Judge Kelly’s bombshell. He says the Minister for Immigration, Alex Hawke, will consider whether to exercise a personal power of cancelling the visa. The fine print to that? Djokovic won’t be allowed back to Australia for three years. Judge Kelly says: “In a view, the stakes have risen rather than receded.” The hearing is adjourned … but not yet the drama.