Former CHO Brett Sutton defends decision to order closure of I Cook Foods amid ‘slug gate’ trial

Brett Sutton has defended his decision to shut catering company I Cook Foods, saying he was forced to act urgently over an alleged contaminated sandwich.

Former chief health officer Brett Sutton has defended his decision to close catering company I Cook Foods after an alleged contaminated sandwich led to the death of a woman.

Owner Ian Cook is suing the Victorian health department, claiming Dr Sutton acted unlawfully and his Dandenong South business was destroyed after he was ordered to shut his doors following the death of an elderly Knox Private Hospital patient from a listeria infection in 2019.

The long-running saga – dubbed “slug gate” over claims health officials planted a slug in the company’s kitchen – landed in the Supreme Court, where Dr Sutton was on Tuesday grilled for several hours by Mr Cook’s lawyer Marcus Clarke KC.

Brett Sutton arrives at the Supreme Court. Picture: Mark Stewart

Dr Sutton appeared frustrated as he was repeatedly asked whether he acted recklessly and without considering the financial impact when, as acting chief health officer, he ordered the business shut on public health grounds.

“Did you care about the effect on their business?” Mr Clarke said.

“No, of course I cared,” Dr Sutton replied.

“I was absolutely devastated by the need to make that decision.

“My concern was there would be many more (infections).”

Mr Clarke asked Dr Sutton when he reached his decision and on what information it was based on, suggesting he ordered the caterer close before test results identifying the source of the listeria were known.

But Dr Sutton defended his actions, saying he was forced to act urgently and he did so on the basis that the infection came from I Cook Foods which supplied the hospital.

Health authorities at the time believed the business was the hospital’s sole supplier of meals – which was later revealed to be false.

ICook founder Ian Cook leaving Supreme Court in Melbourne. Picture: NCA NewsWire

Dr Sutton told the court he was “surprised” there were no further infections but rejected repeated suggestions by Mr Clarke that there needed to be at least two or more cases before it could be called an outbreak.

“We’ve been over this about 15 times, it doesn’t sound any better on the 16th, can we please move on?” Justice Michael McDonald said.

In his opening address, Mr Clarke said Dr Sutton acted with “reckless indifference” and could not have known the food prepared by I Cook was unsafe.

He also claimed I Cook Foods, which supplied thousands of meals to several hospitals and aged care homes each week, was denied a chance to respond before the order was made.

Christopher Caleo, KC, for the health department, said Dr Sutton acted lawfully and made his decision to protect the community from a wider outbreak.

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 prior to the trial.

The case will return to court for final submissions later this month.