The operators of a Melbourne nursing home ravaged by a COVID-19 outbreak will have to give evidence to an inquest despite their argument it would be a "dress rehearsal" for future prosecution.
Kon Kontis and Vicky Kos last week faced the Victorian Coroners Court and formally requested to be excused from testifying at the inquest into the fatal outbreak at St Basil's Home for the Aged on the grounds they may incriminate themselves.
Mr Kontis and Ms Kos were running St Basil's in July 2020 when the virus led to the deaths of 45 residents.
After a week of consideration, State Coroner John Cain issued a ruling he was satisfied it is in the interests of justice for both Ms Kos and Mr Kontis to be required to give evidence in the inquest.
"The evidence before the court is that they played a 'hands on' role in the day-to-day management of the facility," he wrote in his written ruling.
"In particular, they played important roles in preparing for a possible outbreak of COVID-19 at the facility and responding to such an outbreak once it commenced on 9 July 2020.
"They are therefore clearly in a position to give direct evidence about nearly all of the topics identified in the scope of this inquiry as was recognised by their counsel at the commencement of his oral submissions."
