City of Greater Dandenong boss John Bennie breached act but cannot be charged

A Dandenong Council boss who committed an offence cannot be charged as part of the I Cook Foods investigation because police took too long to prosecute.

A council boss could not be charged as part of the I Cook Foods investigation because police took too long to prosecute.

A Victoria Police report seen by the Herald Sun found that City of Greater Dandenong chief executive officer John Bennie had committed an offence against the Food Act by breaching its secrecy provisions.

The breach was discussing Chief Health Officer Brett Sutton’s decision to close I Cook over safety concerns with one of the company’s commercial rivals before the move had been publicly announced.

Mr Bennie addressed a meeting of Community Chef the morning after he became aware of the I Cook shutdown decision but before the move was publicly announced.

Community Chef was a major competitor of I Cook at the time.

Last year’s police finding on that said: “John Bennie has committed an offence against s54(1) of the Food Act. However, given that this is a summary offence and was committed on the 22nd February 2019 it is now out of statute and Victoria Police are unable to prosecute.”

John Bennie committed an offence against the Food Act. Picture: Eugene Hyland

No person of interest was interviewed as part of the first inquiry.

The new finding was contained in a report compiled by an investigator working on the second probe into the circumstances of the 2019 I Cook closure.

Chief Commissioner Shane Patton last year ordered a review of the initial probe, triggering the subsequent investigation.

There have been allegations from the company that a council environmental health officer planted a garden slug in the firm’s kitchen and that body-worn camera evidence was doctored.

Police ultimately decided to lay no charges as a result of the second probe.

I Cook founder Ian Cook said “deliberate delays” by Victoria Police had helped Mr Bennie get away with breaking the law.

“That’s not my opinion. It’s there in black and white in the police’s own report,” Mr Cook said.

I Cook founder Ian Cook with the “Slug Truck”. Picture: Paul Jeffers

“Victoria Police can’t keep telling the public to move on and that there is nothing to see here.”

A Victoria Police spokesman said the investigation had not been delayed.

“There is absolutely no truth to the accusation that Victoria Police delayed the investigation. Victoria Police conducted a thorough investigation however no criminal action was detected,” the spokesman said.

The City of Greater Dandenong declined to comment.

Opposition health spokeswoman Georgie Crozier said: “It’s concerning that ongoing questions still remain around the circumstances of I Cook’s closure.”

The criminal case is over but I Cook is taking civil action against the council and the Department of Health and Human Services over the closure.

It is being represented in that case by Robert Richter, one of Australia’s leading lawyers.