Brett Sutton accused of ‘reckless indifference’ in slug gate saga

A Supreme Court trial has heard former chief health officer Brett Sutton was reckless in ordering I Cook Foods to close, resulting in the catering business losing millions of dollars.

Former chief health officer Brett Sutton could be called to give evidence over accusations he unlawfully ordered the closure of Melbourne catering company I Cook Foods.

The company was forced to close after it allegedly supplied contaminated food that led to the death of Knox Private Hospital patient Jean Painter, 86, from a Listeria infection.

I Cook owner Ian Cook is suing the Victorian health department for $50 million in damages, claiming the Dandenong South food supplier was destroyed by the forced closure and he was denied a chance to respond before the order to shut his doors was made.

On the opening day of his Supreme Court trial – dubbed “slug gate” over allegations a health inspector planted a garden slug in the food supplier’s kitchen – Mr Cook’s lawyer Marcus Clarke said Dr Sutton acted with “reckless indifference” when ordering the business to close in February 2019.

Brett Sutton is accused of unlawfully ordered the closure of Melbourne catering company I Cook Foods. Picture: Ian Currie

I Cook Foods boss Ian Cook is suing the Victorian health department for $50 million in damages. Picture: Alex Coppel

“I Cook lost millions of dollars as a result of complying with the destruction of stock,” Mr Clarke said on Wednesday.

“Dr Sutton could not have been satisfied with the report of the authorised officer (food inspector) that the food prepared, sold or otherwise handled by or at the I Cook premises was unsafe.”

Christopher Caleo, KC, for the health department, said Dr Sutton’s order was lawful and made on the basis of protecting the community from a wider outbreak.

Dr Sutton is expected to be called as a witness for the Department of Health and Human Services.

The Greater Dandenong City Council was also named as a defendant in Mr Cook’s claim, but the case was dropped after a settlement was reached last week.

Mr Cook unsuccessfully ran as an independent candidate in Premier Daniel Andrews’ seat of Mulgrave at last year’s state election.

The trial, which is expected to run for more than a week, continues.