New probe called for iCook Food slug saga
A review into claims a slug was planted by a council to sabotage a Dandenong South food business has prompted the launch of a new criminal investigation.
Police & Courts
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A fresh criminal investigation will be launched into allegations council health officials sabotaged a multi-million dollar food business by planting a garden slug in its kitchen.
Chief Commissioner Shane Patton in April ordered a review of the initial investigation weeks after the Herald Sun revealed it had ended with no one being arrested or interviewed.
The inquiry related to the forced closure of the iCook factory in Dandenong South.
The review, conducted by Superintendent Tony Silva, has resulted in a high-level decision to re-open the matter.
A briefing paper by the initial investigator, Sgt Ash Penry, emerged in April saying that the shutdown order — which cost more than 40 jobs — was unlawful and caused destruction of food worth $700,000.
Sergeant Penry was assigned the case in December, 2019 and reached his conclusion a month later.
“In January, 2020, it became evident to me that a level of corruption, misuse of office and a malicious prosecution was involved in this matter,” he said.
Allegations have emerged that senior City of Greater Dandenong officials pressured a health inspector to give false evidence against iCook.
The council and the Department of Health and Human Services have been at the centre of the saga since ordering the business to shut down in February, 2019.
The family company was blamed for supplying a sandwich which was linked to the 86-year-old woman contracting listeria in January, 2019.
The woman died in hospital the following month, but doubts have emerged as to whether the woman ate a sandwich supplied by iCook at all.
The renewed police effort comes just weeks after the council was ordered to hand over camera footage taken during health inspections of iCook’s factory it had fought to keep secret.
After a nine-month Freedom of Information battle, Greater Dandenong City Council agreed to hand over 31-minutes of bodycam recordings kept from iCook Foods.
The council’s sudden about-face came during a confidential Victorian Civil and Administrative Tribunal hearing last month .
The footage and audio pertains to recordings taken during a subsequent probe by council health officers at iCook’s Dandenong South factory between February 19 and February 22, 2019.
A health inspector alleged she found a slug on iCook’s factory floor on February 18, a day earlier, but no footage was taken.
iCook boss Ben Cook told the Herald Sun it intended to review the unedited footage, which will show DHHS staff and a council health inspector arguing over whether to re-open iCook Foods on February 22.
The business was issued a closure order on that day by acting chief health officer Brett Sutton, costing it lucrative contracts and destroying its reputation.
iCook never reopened, with 40 staff losing their jobs.
A rival business, Community Chef, which is linked to Greater Dandenong City Council, took over some of the contracts.
Mr Cook last month said “lies and fabrications’’ were told to shut down iCook and keep it closed while a rival company, Community Chef, tried to poach its contracts.
“It’s been nine months of work for this footage,’’ he said.
“Now here we are.
“We can’t believe we were criminally prosecuted with edited footage.’’
iCook is also fighting a similar FOI case to pry documents out of the Department of Health and Human Services (DHHS).
The official footage formed part of a criminal investigation leading to charges being laid against iCook which were later withdrawn.
The Herald Sun has also been told the council has conducted an internal inquiry into leaks about “slug-gate’’ to iCook and the media.
Sources say councillors have been warned they could be breaching the councillor code of conduct and may be referred to anti-corruption body IBAC and the Local Government Inspectorate.
The concerns relate to alleged leaks of sensitive council emails to iCook Foods.
A Greater Dandenong Council spokeswoman said the council was entitled to expect that confidential matters under the Local Government Act remained confidential.
“It is therefore appropriate for the council to report suspected breaches to the relevant integrity bodies for investigation,” she said.
“All matters regarding the recent FOI application have now been resolved and in accordance with the determinations of OVIC the footage will be provided to ICook Foods.
“No decision has been made by Council to take any legal action in response to recent media coverage.”
Ian Cook, the operator of iCook, said on Friday he was pleased with the review decision.
“It vindicates our position. For the police to take this seriously helps the healing process,”
Mr Cook said Mr Patton and Supt Silva deserved thanks.
“I thank them very much for looking at it properly and acting without fear or favour. These are allegations that need to be answered.”
In a short statement on Friday Victoria Police confirmed it has re-opened its probe into the shutting down of iCook.
“Victoria Police conducted an internal review of the overall investigation. It has been determined that further investigation is required into the matter. Victoria Police will not comment further at this point.”
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