St Basil’s inquest: Former managers Kon Kontis and Vicky Kos launch court challenge

Former managers of a Melbourne aged care home where 50 residents died in a coronavirus outbreak have challenged a court ruling.

Former managers of the Melbourne aged care home where 50 residents died during a shocking coronavirus outbreak are fighting to stay silent over their role in the crisis.

Former St Basil’s Home for the Aged chairman Kon Kontis and nursing director Vesna “Vicky” Kos were ordered to testify at the coronial inquest into the deaths of the residents in December last year.

Up to 50 residents died at the Fawkner aged care facility, with 45 perishing as a result of Covid-19 and another five likely dying due to neglect.

Former St Basil’s Home for the Aged chairman Kon Kontis is fighting a coronial decision forcing him to give evidence. Picture: NCA NewsWire / Andrew Henshaw

But the two managers applied to the Supreme Court of Victoria this month to quash Coroner John Cain’s decision that forced them to give evidence at the inquest.

In their challenge, the pair argued the coroner “misconstrued and otherwise misapplied” his statutory powers and made an error when he found it was “speculative” that the former managers could face criminal charges.

They also claimed it was “affected by apprehended bias”.

When Mr Kontis and Ms Kos were called to give evidence at the hearing they both responded in the same way.

Former nursing director Vicky Kos doesn’t want to testify at the inquest. Picture: NCA NewsWire / Andrew Henshaw

“On legal advice, I object to giving evidence on the ground that it may tend to incriminate me,” they told the court.

But in his decision last year, Judge Cain said the evidence was the pair played a “hands-on” role in the day-to-day management of the aged care facility.

“They played important roles in preparing for a possible outbreak of Covid-19 at the facility and responding to such an outbreak once it commenced on 9 July 2020,” he said.

Justice Cain said it was in the interests of justice for the managers to give evidence.