Greater Dandenong mayor Jim Memeti has strongly backed the council’s chief executive John Bennie, who was named in a leaked police review’s report into the I Cook Foods ‘slug gate’ saga.
The review – first reported in Herald Sun – found that John Bennie breached the Food Act’s secrecy provisions by disclosing a closure order served on ICF on 22 February 2019.
But the summary offence – punishable by a $10,904 fine – was “now out of statute and so Victoria Police were unable to prosecute”, the review stated.
The statute of limitations on summary offences is 12 months.
The revelation is the latest chapter in a three-year fight by ICF, whose family business in Dandenong South was destroyed after it says it was corruptly closed by health authorities as part of a listeria investigation.
The ‘slug gate’ affair has been examined by two Parliamentary inquiries and several Victoria Police investigations, with no charges laid against public officials.
Greater Dandenong laid 96 food-safety charges against ICF and director Ian Cook after the closure. All charges were later withdrawn.
ICF is suing the Department of Health and City of Greater Dandenong for compensation in the Supreme Court.
ICF general manager Ben Cook said Mr Bennie should stand down or be removed as chief executive and charged with the indictable offence of ‘misconduct in public office’.
“If he’s committed an offence, how can he be in charge of one of the largest councils in Australia?
“He is in an untenable position now.”
Last month, on the basis of the police review, Victoria Police announced that Mr Bennie and council environmental health officers were in the clear.
Cr Memeti stated on 16 February that the police investigations were “conclusive”, their findings “absolute”.
“There was no criminal conduct detected on the part of council’s chief executive officer John Bennie, or any council staff member.
“There was no offence committed at all. Reports to the contrary are misleading.
“And any suggestion that prosecution of any offence was barred due to a timing issue is also wrong.”
Cr Memeti sits on the council’s CEO Employment and Remuneration advisory committee. He said the committee was yet to finalise either Mr Bennie’s re-appointment or the recruitment of the next CEO.
Councillor Tim Dark said he gave “whole and unequivocal support” to Mr Bennie, who was entitled to the presumption of innocence.
The alleged breach was based on a report “untested in a court of law”, Cr Dark said.
“Until tested and proven guilty (in court), people are innocent in my eyes.”
Councillor Rhonda Garad said the alleged breach seemed “sloppy” but Mr Bennie and the council had been cleared by two Parliamentary inquiries and the police investigation.
“So there’s three clear outcomes that found the council was not culpable.”
According to the police review, Mr Bennie had received information as Greater Dandenong CEO about the forced shutdown order of ICF.
The alleged breach was in then disclosing the information to a Community Chef and Regional Kitchen joint board meeting prior to it being publicly announced by then-acting Chief Health Officer Brett Sutton that afternoon.
Community Chef – which was part-owned by the council at the time – and ICF were direct competitors in providing food for Meals on Wheels and like services.
The police review cleared two council environmental officers – who investigated ICF prior to its closure – of criminal conduct.
It identified “two contradictions” in one of the officers’ 40-plus page statement – which were a “mere mistake of fact as opposed to an intent to fabricate evidence in order to pervert the course of justice”.
A Victoria Police spokesperson stated on 16 February that it conducted a “thorough investigation however no criminal action was detected”.
“There is absolutely no truth to the accusation that Victoria Police delayed the investigation.”
