Criminal court case over COVID deaths at St Basil’s Fawkner is delayed


A key hearing in the criminal court case of St Basil’s Homes For The Aged in Victoria has been delayed after an “oversight.”

The case comes after the aged care home was at the centre of a devastating killer Covid-19 wave in 2020.

According to, St Basil’s was due to face a three-day committal hearing in the Melbourne Magistrates’ Court this week where evidence would be tested by a magistrate.

The court was told St Basil’s had planned to rely on evidence that surfaced during a now-suspended coronial investigation, but had learnt on Tuesday afternoon that they could not use these documents without the permission of State Coroner John Cain.

Magistrates court

A lawyer said he had written to Judge Cain on Tuesday, but the coroner “would not grant that permission” without following proper process.

In court, St Basil’s requested the committal hearing be pushed back to allow the “necessary steps” of securing access to the documents to take place.

Magistrate Jarrod Williams granted the adjournment “with great reluctance”.

“Very regrettably I am of the view this matter is to be adjourned in the circumstances,” Judge Williams said. “It’s a question of defence being able to properly explore the issues identified.”





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