Victoria Police asked by coroner to help with an investigation into St Basil’s virus deaths
An investigation has begun into a group of coronavirus deaths at St Basil’s Home for the Aged and criminal charges could be laid as Victoria Police reveals it is assisting the Coroner.
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Criminal charges could be laid over deaths at corona-plagued St Basil’s nursing home as grieving families prepare to sue the operator.
State Coroner John Cain will investigate at least five deaths at the Fawkner home, now linked to 160 coronavirus cases and about two dozen fatalities.
The inquiry could lead to recommendations for those running the facility to be charged with manslaughter under the Crimes Act or newly introduced workplace safety laws, which carry a penalty of up to 25 years jail and a maximum $16.5m fine.
Prominent barrister David Galbally QC, of Madgwicks Lawyers, said the coronial investigation could have significant consequences.
“If the coroner decided to hold a hearing the coroner can subpoena witnesses and make them give evidence,’’ he said.
“The coroner could make a finding that in the coroner’s view the individual died as a result of criminal negligence and refer the matter to the Office of Public Prosecutions.
“Whether that then is proceeded with is a matter for the OPP.”
Victoria Police will compile a brief of evidence to help determine the focus of the investigation, which will aim to find out the cause and circumstances of resident deaths.
Judge Cain will be empowered to make recommendations to prevent similar deaths and can recommend police lay charges against those who owed residents a duty of care.
“Then it’s a question of looking at the evidence to see whether or not that responsibility amounts to criminal negligence, manslaughter or alternatively amounts to murder,’’ Mr Galbally said.
Ivan Rukavina, whose 86-year-old mother Marija’s whereabouts were unknown for days before she died of coronavirus in hospital, said St Basil’s had become a “slaughterhouse” for society’s most vulnerable.
“The management should be held responsible,’’ he said.
“It’s a total lack of care. I was robbed of a final goodbye.”
Under workplace laws which came into force last month, registered companies, directors and managers who owe a duty of care can be charged with workplace manslaughter for “gross” negligence. Bureaucrats and even ministers theoretically can be held to account if it is a result of their policies or directives.
Legal firm Maurice Blackburn is representing families of St Basil’s residents. It will assist them with the coronial investigation but may launch a separate legal action.
“We have been approached by a number of families who have lost loved ones or have relatives who are seriously unwell,’’ a Maurice Blackburn spokeswoman said. “These families have asked for advice regarding their concerns about the care provided at St Basil’s, and about the forthcoming coronial investigation.”
St Basil’s staff, who have been in quarantine, have begun returning to work in readiness for the repatriation of residents from private hospitals.
Federal Health Minister Greg Hunt said no COVID-19 positive patients would be returned to St Basil’s or any other facility.
Residents would only be moved from hospitals with the approval of Aged Care Quality and Safety Commissioner Janet Anderson.
“Janet Anderson is one of the toughest cops on the beat, and she has been absolutely fearless in stepping in to protect residents,’’ Mr Hunt said.
Statewide, 1435 active coronavirus cases have been linked to aged care. Five specialist AUSMAT teams with 23 personnel visited aged-care homes in Melbourne, and the Aged Care Quality and Safety Commission had a team carrying out surprise spot checks.
St Basil’s board chairman Konstantin Kontis in a letter to families said the death of residents was devastating.
“We all feel their loss and we will miss them,’’ he wrote.
RESIDENTS SET TO RETURN TO ST BASIL’S
St Basil’s residents are set to return to the nursing home in coming days, having been sent to private hospitals at the height of the crisis.
Staff, sent home on July 22 to quarantine, will begin returning today.
Management - in a letter to families seen by the Herald Sun - said it was “devastated” residents had died.
“We mourn their loss with their families and their loved ones and send the condolences of all of our staff that looked after them at the home since the day that they arrived,’’ it said.
“We all feel their loss and we will miss them.
“We were one of the first aged care homes to be hit by COVID-19 but we are now told that almost 100 homes are battling this insidious silent virus which has devastated the whole of Melbourne to the point that we are now living under a state of disaster. A large number of our staff were also infected, and some were ill and hospitalised, but they are all on the way to recovery.”
The nursing home had been deep cleaned and declared “COVID-19 free”, according to management.
Plans for the repatriation of residents who wished to return were being submitted to the Aged Care Quality and Safety Commission.
Patients would be returned in groups of around five and regularly tested for coronavirus, with the home to have separate COVID-19 negative and positive sections to prevent further infection.
Staff at the home would again answer calls rather than a communications centre.
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