Former top cop Ken Lay told to redo crucial injecting room report

Former top cop Ken Lay has been told to put more work into a controversial report on the CBD injecting room.

The state government was “not satisfied” with former top cop Ken Lay’s findings for a crucial report into injecting rooms and asked him to do it again, the Herald Sun can reveal.

High level sources have told the Herald Sun that Mr Lay completed his report into injecting rooms late last year, but was then asked to further extend it to gather new ambulance call-out data.

The sources say based on the call-out data, which was impacted by the pandemic, it didn’t show an “immediate need” for a second injecting room in Melbourne’s CBD.

“It’s believed the data showed there were fewer incidents because fewer people were using heroin in Melbourne’s CBD,” one key source said.

Another key source also said the state government was “not satisfied” with the outcomes of Mr Lay’s findings.

“The pandemic clearly impacted ambulance call-out data but what if the data shows those same findings again, does it mean there will be more delays with the report?,” the source said.

The state government has also confirmed that Mr Lay’s upcoming work will consider recent trends for ambulance attendances for heroin overdoses, including any impacts of the pandemic.

Richmond’s safe injecting room has been controversial. Picture: Jason Edwards

It comes after the Herald Sun revealed last month that Mr Lay had not consulted with Victoria Police and police association secretary Wayne Gatt about a second facility since June last year, despite claims from the state government the report into the facility was delayed due to further consultation.

The long-awaited report, which has been plagued with delays, was meant to be finalised at the end of 2020.

Sources also said Mr Lay didn’t consult with businesses in Melbourne’s CBD because of the “stress they were under” during the pandemic.

The state government bought the former Yooralla building opposite Flinders Street Station for $40.3m last year.

It’s generally accepted that the 244 Flinders St location is potentially dangerous being so close to busy pedestrian areas like Degraves St.

But the Herald Sun has also confirmed that the City of Melbourne has not yet been approached by the state government about plans to develop 244 Flinders St.

A Flinders St trader, whose business is nearby the potential injecting room site, said he had “never been consulted” by Mr Lay.

“Pandemic or not, of course we would’ve liked to have been consulted. Up until this day, we have not been spoken to by Ken Lay,” he said.

“It’s not that hard to google our business and others along the street, call us or find our email. Consultation could’ve still occurred over zoom or on the phone.”

Ken Lay has not consulted with Victoria Police, the police association or traders about the state’s second injecting room. Picture: Jason Sammon

Johnny Sandish, managing director at Xpressomondo cafe in Degraves St, said he was “disappointed” over a lack of community consultation.

“The building on Flinders St has sat there empty for 18 months, businesses want to know what’s going on,” Mr Sandish said.

Victorian Alcohol and Drug Association chief executive Sam Biondo said drug use had “fluctuated” during the pandemic. 

“The effect of the pandemic I suspect reduced availability of drugs because it impacted importation and reduced access to them,” he said.

Opposition Mental Health spokeswoman Emma Kealy said: “Labor’s refusal to consult with CBD businesses shows the extreme arrogance of a government that thinks it knows better than everyone else.”

A Department of Health spokesman said: “Shifting patterns of drug harms in the CBD during the pandemic have triggered an extension of Mr Lay’s work.”

“No decision has been made regarding the final location for the Melbourne Supervised Injecting Service,” he said.

In the past 14 months, Mr Lay has held 107 stakeholder consultation sessions, which have included discussions with the business sector, Ambulance Victoria, Victoria Police and the City of Melbourne.

Additional community and sector engagement is planned in the coming months.

A spokeswoman said Victoria Police had been recently contacted by Mr Lay to “re-engage and meet with him and his team”.