Outgoing chief health officer Brett Sutton to sidestep ‘slug gate’ legal row

Brett Sutton was hit with new slug-gate allegations just days before his resignation, with his departure allowing the outgoing health officer to avoid the witness box in the $50m legal fight.

New claims have been made against Brett Sutton. Picture: Jake Nowakowski

Outgoing chief health officer Brett Sutton resigned just days after the government was made aware he would be a key figure in a $50m legal battle over the infamous slug-gate saga.

The Herald Sun can reveal that just days before the resignation last week the Department of Health was provided with a draft amended statement of claim that included substantial new claims against Professor Sutton.

They accuse him of misleading and deceptive conduct over his involvement in the forced closure of I Cook Foods in 2019.

But legal sources say Professor Sutton’s resignation means the Department of Health now does not have to call him as a witness, and crucially can’t have an adverse inference drawn against it if it doesn’t.

Owner Ian Cook is suing the Department of Health and the City of Greater Dandenong for $50m in lost earnings, arguing the closure of his business was unlawful.

Mr Sutton was to be a bit player in the proceedings before a new legal team took carriage of the case and launched a new strategy in which Mr Sutton’s conduct in understood to be central to their fight.

Ian Cook of defunct I Cook Foods Ian and former Chief Commissioner of Victoria Police, Kel Glare. Picture: Paul Jeffers

He will be accused of making false statements at a press conference following the closure of I Cook Foods, and in a subsequent ABC radio interview.

An amended statement of claim, filed in court this week, alleges Professor Sutton was personally responsible for the loss and damage caused to I Cook Foods.

The scandal began in January 2019 when a Greater Dandenong Council health inspector was accused of planting a slug inside the I Cook Foods facility, which the council denies.

Professor Sutton is accused of wrongly ordering the company to be shut after the death of a woman at Knox Private Hospital, where I Cook Foods was a caterer.

Mr Cook claims the closure was linked to I Cook Foods’ commercial rival, Community Chef, which was partly owned by the local council and used state government funds.

At a press conference following the resignation last week Professor Sutton vehemently denied the move had anything to do with the court case.

A photo showing a slug allegedly found in the I Cook Foods in Dandenong (left) that was sent to owners, compared to the original photo (right) taken during a health inspection.

“It was my decision to resign,” he said.

“I have been through the process with CSIRO in recent weeks. When the offer was made to me, I took it up.”

Asked whether his departure had anything to do with any potential legal matters relating to the I Cook Foods matter, Professor Sutton said: “Not at all”.

Emily Coltraine, head of new anti-corruption group the Solis Foundation, questioned the motives behind Professor Sutton’s resignation.

“Was this a move by the government to get Brett Sutton out of the Department before he is a witness in the I Cook trial?” she asked.

“Are they now going to turn around and say that Brett Sutton shouldn’t be a witness, because he no longer works for the Department?”

“Sutton was the person who ordered the closure.

“He is at the core of the case.

“Justice will be only be properly served if Brett Sutton is forced to answers questions in court, under oath about every aspect of the destruction of I Cook Foods.”

Originally published as Outgoing chief health officer Brett Sutton to sidestep ‘slug gate’ legal row