Former chief health officer Brett Sutton grilled in witness box during ‘Slug Gate’ trial

The former chief health officer has been called to the witness box to face accusations he unlawfully ordered the closure of catering company I Cook Foods.

Professor Brett Sutton was called as a witness as the ‘Slug Gate’ trial enters its third week. Picture: Jake Nowakowski

Former chief health officer Brett Sutton has been grilled in the witness box over accusations he unlawfully ordered the closure of catering company I Cook Foods.

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

I Cook Foods owner Ian Cook is suing the Department of Health for $50m in damages, claiming the 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.

Professor Sutton, wearing a blue shirt and black tie, was called as a witness on Monday as the Supreme Court trial – dubbed ‘Slug Gate’ over allegations a health inspector planted a garden slug in I Cook Food’s kitchen – entered its third week.

Prof Sutton has been accused of unlawfully ordering the closure of catering company I Cook Foods. Picture: Jake Nowakowski

Mr Cook’s barrister Marcus Clarke, KC, argued at the start of the trial that Prof Sutton acted with “reckless indifference” when ordering the business to close in February 2019.

The court heard Prof Sutton, who was then acting chief health officer, closed the business because he was satisfied by a report from an “authorised officer” that food was being prepared at an “unsafe or unsuitable” premises.

But when asked whether he knew the report he relied upon was provided to him by someone who was indeed an authorised officer, Prof Sutton said he did not know for sure.

“I was very confident he was an authorised officer,” he said.

But he told the court he had not directly seen his authorised officer card, nor did he make further inquiries.

I Cook Foods owner Ian Cook is suing the Department of Health for $50m in damages. Picture: David Geraghty

Earlier in the hearing, Prof Sutton said there were “multiple pieces of evidence” pointing to an epidemiological link between the deceased woman – and her listeria sample – and a number of food items produced in I Cook Food’s kitchen.

“It (had become) evident to us an individual in hospital had become seriously unwell as a consequence of eating food … contaminated with listeria from the I Cook Food’s kitchen,” he said.

If Prof Sutton was not satisfied by a report from an “authorised officer” that food was being prepared at an “unsafe or unsuitable” premises, the closure of the food supplier may have been unlawful.

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

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

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 in the week before the trial started.

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

Prof Sutton will continue giving evidence in the trial, before Justice Michael McDonald, on Tuesday.