Coroner rules two St Basil’s witnesses must give evidence to inquest

The chairman and facility manager of a Melbourne aged-care facility where 50 residents died amid a Covid outbreak last year will be compelled to give evidence to a coronial inquest.

St Basils’ former chairman Kon Kontis. Picture: Andrew Henshaw

The chairman and facility manager of a Melbourne aged-care facility where 50 residents died amid a Covid outbreak last year will be compelled to give evidence to a coronial inquest.

Kon Kontis and Vicky Kos sought to be excused from giving evidence into the deaths of residents at St Basil’s Home for the Aged in the northern suburb of Fawkner for fear they might incriminate themselves.

But State Coroner John Cain ruled on Thursday the pair must front the inquiry. “I am satisfied that it is in the interests of justice for both Ms Kos and Mr Kontis to be required to give evidence in this Inquest,” he ruled.

“There is a real risk that the inquisitorial and remedial functions of the inquest – and therefore the interests of justice to be served by the inquest process – will be frustrated if the evidence of Mr Kontis and Ms Kos is not before the court,” his ruling said.

During the second wave of Covid-19 in Victoria last year, 50 residents in total died at the facility including 45 who died as a consequence of a Covid infection.

In the midst of the outbreak the facility’s entire workforce was quarantined and a surge workforce brought in to replace them. Families of residents said the new workforce were not equipped to care for the vulnerable residents.

The resulting Coroner’s inquest has heard from 55 witnesses including Victoria’s chief health officer, Brett Sutton, commonwealth chief nursing and midwifery officer Alison McMillan and numerous other senior federal government employees, including the Aged Care Quality and Safety Commissioner.

Mr Kontis and Ms Kos are the only witnesses yet to give evidence.

Mr Cain said there was a series of questions about the circumstances around the nursing home deaths only they could answer. “Their answers to these questions will enable the court to fulfil its statutory duty to investigate the circumstances of the 50 deaths thoroughly as required by the Act,” he said.

Mr Cain rejected an application by the pair, made last week, to delay their evidence to the Coroner until a criminal investigation or proceeding was completed.

“I am troubled by the prospect that this Inquest, which is examining events that occurred 18 months ago, would not be finalised for what may be several years,” he said.

“This may be the time that elapses after charges are filed and the proceedings make their way through a committal hearing and a trial in the County Court, beset as that court is by COVID-19-related delays.

“Such a delay to the finalisation of this important inquest would likely exacerbate the distress of the 50 families and others affected by the deaths.”