Two managers at St Basil’s aged care home in Fawkner will be made to give evidence about the deaths of 50 residents after a failed Supreme Court battle, The Sydney Morning Herald has reported.
St Basil’s Home for the Aged chairman, Kon Kontis, and director of nursing, Vicky Kos, have both refused to give evidence at an inquest on grounds of self-incrimination.
They went to Victoria’s Supreme Court to stop State Coroner John Cain forcing them to give evidence at the inquest about the events of July and August 2020, when 45 residents at the aged care home died with COVID-19 and another five perished from suspected neglect.
In a decision handed down by Justice Stephen O’Meara on Monday, Mr Kontis and Ms Kos lost their case.
Mr Kontis and Ms Kos had tried via four avenues of appeal to avoid giving evidence to the coroner.
They argued that forcing them to give evidence to the coroner would risk the integrity of the accusatorial system of criminal justice in matters being heard in other courts.
There is no word yet from the Coroners Court on when the pair’s evidence was now likely to be heard.
Source: The Sydney Morning Herald.