Quiet sobs may very well be heard in Melbourne’s coroner’s court docket, as a number of households attended to lastly hear from the pair who have been probably the most senior managers when, all through July and August 2020, virtually 1 / 4 of the 188 residents at St Basil’s aged care house died from Covid-19 or neglect.
Following a number of failed authorized bids to keep away from giving proof after 50 residents died within the Victorian aged care house they managed, Konstantin Kontis and Vicky Kos have been compelled to testify at a coronial inquest resuming on the sixth anniversary of the tragedy.
Throughout his proof on Friday, Kontis mentioned that the board of St Basil’s, working below the auspice of the Greek Orthodox Archdiocese of Australia, by no means signed off on the ability’s Covid-19 administration coverage and that he believed, as chair, he had the delegated authority to approve it with out them.
Counsel aiding the coroner, Naomi Hodgson, instructed the court docket the coverage contained no sturdy steering on shut contacts of Covid instances, and that the primary steering on signs was to comply with the directives of the state and federal governments.
The coverage doc was not up to date as new directives got here in from the federal government, the court docket heard. As a substitute this data was printed and put right into a yellow folder for employees to maintain up-to-date with.
Kontis accepted below questioning that there was no delegation of authority that allowed him to approve “such a major doc” with out enter from the board.
Kontis was additionally questioned about why he didn’t convene board conferences because the outbreak grew, particularly as soon as testing of 116 residents and 95 employees on 15 July 2020 – as organised by the federal division of well being – revealed 28 optimistic instances.
“My communication then had switched to the archbishop direct,” Kontis mentioned.
“I don’t wish to put tickets on myself, however he had full confidence that I’d deal with the matter in probably the most acceptable means.”
Hodgson put it to Kontis that no matter whether or not an accredited aged care supplier was a not-for-profit, for-profit, or religiously run, the management had obligations below the aged care and company legal guidelines to tell the board.
She prompt Kontis was improper in a few of his understanding of those obligations, which he accepted.
Kontis mentioned a board assembly was held in April 2020 earlier than the outbreak on the house and after Covid was spreading by means of aged care elsewhere. Discussions would have occurred then, he mentioned, about what to do if a good portion of the workforce turned contaminated.
The court docket heard that no minutes from that assembly had been present in about 10,000 pages of briefing proof offered to the coroner. It prompted the inquest – resulting from shut its questioning of witnesses on Friday – to be delayed to permit St Basil’s representatives to conduct a search.
Kontis’ proof is because of resume on 16 November.
The yellow folder
Earlier within the week, the court docket heard that no cohort plan for separating Covid optimistic residents from uninfected ones may very well be present in paperwork offered to the court docket.
Kos, who was director of nursing and facility supervisor on the time, mentioned this plan was positioned within the yellow folder. Some paperwork from that folder had gone lacking, she mentioned.
She gave proof that many paperwork from the state and federal authorities have been being added to this folder, and that employees have been anticipated to maintain up-to-date with it when beginning shifts. Info was additionally shared throughout handovers, she mentioned.
Following this proof, a search on Monday night time of digital and hard-file repositories of paperwork, together with these beforehand seized by Victoria police, didn’t reveal such a cohort plan, the court docket heard on Tuesday from St Basil’s barrister, Conor O’Bryan.
O’Bryan mentioned as a result of some information had been misplaced it couldn’t be confirmed {that a} cohort plan by no means existed.
‘I didn’t attend’
Throughout his proof, Kontis was pressed on why he didn’t attend key conferences, organised by senior administration of the house and attended by well being officers, as soon as it turned clear the outbreak was vital and all the workforce wanted to be stood down.
Kontis mentioned he disagreed with a directive from the chief well being officer on the time, Prof Brett Sutton, to furlough all the workforce and change them with company employees to forestall additional unfold. Kontis mentioned he didn’t belief the employees could be competent and Covid-free.
“You’ve simply obtained the information that your total employees goes to be stood down,” Hodgson mentioned. “Why didn’t you attend [meetings] as the one individual on the board with imaginative and prescient of what was taking place right here?”
Kontis responded: “I can’t reply that. I didn’t attend.” He mentioned he was knowledgeable about what occurred at conferences instantly afterwards by attenders.
Kontis mentioned there have been additionally some conferences he didn’t imagine he was invited to.
Hodgson mentioned that St Basil’s, as an accredited aged care supplier, had an obligation below regulation to implement insurance policies and procedures to handle threat and guarantee take care of customers.
Requested why he didn’t convene a gathering of the danger and audit committee earlier than or all through the outbreak, Kontis mentioned, “I couldn’t get anyone to attend a gathering due to Covid.”
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Hodgson responded this was “an inconceivable reply in circumstances the place you’ve already instructed me you will get folks on the cellphone”.
The court docket beforehand heard that company employees introduced in to take over struggled to seek out the data they wanted to run the ability, from passwords and logins for computer systems, to notes concerning the medical care of residents.
Kontis mentioned this data may very well be present in folders. “We had folders within the kitchen, folders with the cleaners, folders with the upkeep folks,” he mentioned.
Hodgson put it to Kontis that, as an accredited aged care supplier and chairman, he had duty for the company employees and to help them to fulfil their duties.
“Nicely, that’s your interpretation,” Kontis mentioned.
Hodgson replied: “I’d counsel to you … that it’s not my interpretation, it was your duty as an accredited supplier.”
“That’s that’s your assertion,” Kontis mentioned.
Indicators in ‘easy language’
Kos had earlier instructed the court docket that English was a second language for 95% of the unique St Basil’s employees, and the bulk didn’t have laptops or computer systems. Requested how crucial and typically difficult Covid data was then communicated, she mentioned indicators in “easy language” have been positioned across the facility and data was shared throughout shift handovers.
Kos disagreed below cross-examination that the method of including paperwork continually to folders and anticipating employees with English as a second language to maintain throughout these throughout shifts was a posh activity for them.
She agreed that having a transparent Covid plan in place would make it much less doubtless that individuals would die.
The inquest had beforehand heard from employees and relations in 2021 that contaminated residents have been mingling with those that had not examined optimistic to the virus, and that an infection management procedures all through the house have been poor.
Kos instructed the court docket that on 9 July 2020, when the primary case in a employees member was recognized, she started to comply with a Covid-19 aged care guidelines issued by the federal authorities about what to do within the first 24 hours.
Kos instructed the court docket she didn’t full the step that mentioned to alert the commonwealth division of well being at a devoted aged care e mail handle inside half-hour.
She mentioned she spoke with the state public well being hotline because the doc required, and since she was instructed to attend to listen to about subsequent steps, she didn’t proceed to the following step on the guidelines, which was to e mail the commonwealth.
The guidelines mentioned the commonwealth may join aged care houses with assets to handle the outbreak together with testing, further PPE and a surge workforce, the court docket heard.
Delays within the commonwealth studying of the case meant employees and residents weren’t mass-tested till days later. The inquest beforehand heard this was a root reason for the outbreak.
Kontis mentioned he didn’t imagine it was his position to e mail the commonwealth as he trusted facility employees to take action and to comply with procedures in place.
‘I don’t bear in mind’
All through the 5 days, Kontis needed to be reminded a number of instances to not interject throughout questioning, and to hear earlier than responding. With years having handed for the reason that tragedy, Kos’ response to many questions all through the week was, “I don’t bear in mind”.
Each Kontis and Kos refused to testify, solely doing so after a certificates was granted by the coroner, Liberty Sanger – which means their proof can’t be used towards them in prison or civil litigation.
Spiros Vasilakis, whose mom, Maria, died on the house through the outbreak, attended every day.
“It nonetheless hurts for all of us households right here,” Vasilakis mentioned.
“It hurts to listen to anybody say that as a result of it’s been six years, they will’t bear in mind. I can inform you that households bear in mind, element by element, what occurred. I haven’t forgotten something.”
The inquest continues.