Bosses to testify at inquest over deadly COVID outbreak
Senior aged care staff will have to give evidence into the deaths of 50 residents during the COVID-19 pandemic, almost five years after they first appealed.
Kon Kontis, president of St Basil’s Home for the Aged, and manager Vicky Kos asked to be exempt from taking part in the investigation because of the possibility of incrimination.
They were running the Fawkner facility in Melbourne’s north when 50 residents died during Victoria’s second COVID-19 outbreak in mid-2020.
Then-state coroner John Cain rejected Mr. Kontis and Ms. Kos’ request in December 2021 and ruled it was in the interests of justice for them to testify.
The pair appealed the decision first to the Supreme Court and then to the Court of Appeal, but their bid ultimately failed in December 2022.
At this stage WorkSafe had filed a criminal complaint against St Basil’s and so the investigation remained pending.
The facility pleaded guilty in the Victorian State Court in March to a charge of failing to ensure all staff were appropriately trained to minimize health risks.
St Basil’s was convicted and fined $150,000.
At a directions hearing at the Coroner’s Court on Thursday, the solicitor assisting Naomi Hodgson confirmed the inquest would continue after the WorkSafe case was concluded.
Following Judge Cain’s retirement, New County Coroner Liberty Sanger will take over the trial.
Ms Hodgson confirmed that Mr Kontis and Ms Kos were scheduled to give evidence at the inquest in the first week of August.
The parties will then make presentations before the coroner presents his findings regarding the residents’ deaths and any prevention recommendations.
Judge Sanger apologized to residents’ families for the delay, saying he understood that the prolonged process may have increased their suffering.
“I want you to know that it is important for the administration of justice that these processes proceed in their normal course,” he said in a statement on Thursday.
“I would also like to point out how long it took to get to this point, and that time undoubtedly caused you more distress.”
The coroner said none of the 53 witnesses who gave evidence during the month-long inquest in 2021 will need to be recalled.
He said the scope of the investigation has not changed.
