Why St Basil’s managers don’t want to give evidence

The operators of the Covid-hit aged care home have revealed why they fear giving evidence to an inquest into the deaths of 50 residents.

Former St Basil’s chairman Kon Kontis leaves the Coroners Court of Victoria on Wednesday. Picture: Andrew Henshaw

A bid by the managers of St Basil’s to avoid giving evidence has forced a delay of the inquest into the deaths of 50 residents.

Former chairman Kon Kontis and facility manager Vicky Kos are fighting against giving evidence over their handling of the deadly outbreak in July 2020 out of fear they could incriminate themselves.

After hearing lengthy submissions on Wednesday, State Coroner Judge John Cain found that it “wasn’t possible to deal further with this before Christmas”.

Judge Cain told the Coroners Court he would endeavour to hand down a ruling on the pair’s application before the festive holiday.

Facility manager Vicky Kos leaving the Coroners Court. Picture: Andrew Henshaw

The inquest was due to finish on Wednesday but following delays and the application by Mr Kontis and Ms Kos, the probe may not wind up until the new year following a ruling on whether the pair should be forced to give evidence or be excused.

It comes after Judge Cain offered Mr Kontis and Ms Kos a special certificate to prevent their evidence from being used against them, but they still refused.

Their high profile lawyer, Ian Hill QC, argued there was a WorkSafe investigation on foot, and the evidence in the inquest was “directly relevant” to the probe.

He called on Judge Cain to adjourn the inquest until the WorkSafe matter was complete, stating there was nothing preventing the court from questioning the pair after it ended.

Mr Hill argued the certificate would offer them “no protection”.

Their evidence would be of “minimal probative value” and wasn’t “so important” that the Coroner couldn’t make findings without it, he claimed.

Counsel assisting Peter Rozen QC said an adjournment until the conclusion of any criminal matter was an “entirely impractical suggestion” and would lead to the inquest going on for years.

High profile lawyer, Ian Hill QC, is representing Kon Kontis and Vicky Kos. Picture: Andrew Henshaw

Mr Rozen admitted there was a “real prejudice” to Mr Kontis and Ms Kos, but the interest of justice tipped the balance in favour of them giving evidence.

That was because His Honour was required under the statute to discover all he could about the deaths of the residents at the Fawkner home, and to not do that could lead him to be in breach of the statutory requirement.

Barrister Alan Hands, for the daughters of two deceased residents, said there was a “gaping hole at the centre of this coronial inquiry”.

“The people who can fill in these gaps are Ms Kos and Mr Kontis – no-one else.”

Judge Cain said Mr Kontis and Ms Kos “had their hands on the wheel” at the time of the outbreak, and that there were “gaps in the evidence” that they could fill.

He highlighted his “strong prevention power” and said that 50 people had died in aged care during the pandemic.

Families earlier begged Judge Cain to make the pair give evidence, saying it would be a “slap in the face” if they didn’t.

“Please do not allow Vicky Kos and Kon Kontis to be excused from giving evidence,” urged Helen Karikas, whose mother Vasiliki ‘Vicky’ Patsakos died with Covid-19.

“If they do not take the stand it will be a final slap in the face for all of us,” she said.

Mr Karikas told the court that the families of 50 victims “deserve to hear them answer the questions put to them”.

Family members of the 50 deceased residents will offer victim impact statements on Thursday.

Loved ones will be the only people appearing in the court on Thursday, with all other parties ordered to appear remotely.