Following the inquest into the COVID-19 tragedy that saw the deaths of 50 residents at St Basil’s Homes for the Aged in Fawkner, the facility’s two managers, chair Kon Kontis and manager Vicky Kos had made a bid to invoke the act against self-incrimination.
The former chair and manager had pleaded for the court to allow them to evade providing further evidence into the handling of the coronavirus crisis during the deadly outbreak of 2020.
State Coroner Judge John Cain, however, ruled against their plea last Wednesday compelling Mr Kontis and Ms Kos to provide all evidence over their decisions and handling of the situation regardless of their fears of incriminating themselves further.
The uncovering of all evidence is “in the interests of justice” considering the “significant lacuna” of findings, Judge Cain ruled forcing them to take the stand.
“The Court’s task is to do everything possible to determine the cause and circumstances of the deaths’ under examination,” the judge said, adding that “the findings that the Court is able to make on the evidence as it stands will not satisfy this requirement.
Judge Cain stressed that “there is a real risk that the inquisitorial and remedial functions of the inquest … will be frustrated if the evidence of Mr Kontis and Ms Kos is not before the Court”.
The court had previously offered both managers a special certificate earlier in the inquest to prevent their evidence from being used against them, but they still refused to take the stand.
