The charges against the Victorian Department of Health regarding COVID-19 hotel quarantine have been dropped due to a loophole in the case. Prosecutors in Victoria decided to drop the charges after the evidence provided by 10 key health department witnesses was deemed inadmissible in court. This evidence had been used in the Hotel Quarantine inquiry but was found to be unusable in other legal proceedings.
During Victoria’s second wave of COVID-19, which resulted in over 800 deaths, 99% of cases were traced back to workers at quarantine hotels. WorkSafe Victoria expressed deep disappointment over the discontinuation of criminal proceedings against the Department of Health, which was charged with 58 alleged breaches of the Occupational Health and Safety Act related to the hotel quarantine program in 2021.
After a 15-month investigation and a magistrate’s decision to proceed with a trial against the Department of Health, the department sought a ruling on the admissibility of evidence based on the Inquiries Act 1980. The court ruled in favor of the Department of Health to exclude relevant evidence under Section 80 of the Inquiries Act, rendering statements from 10 key witnesses invalid.
Opposition leader John Pesutto raised concerns about accountability for the loss of lives in hotel quarantine and expressed disappointment over the decision to drop the charges. He emphasized the need for transparency and accountability in such cases.
The inadmissible evidence of the 10 witnesses was cited as a factor that substantially weakened the prosecution case, leading to the determination that there were no reasonable prospects of conviction. The Victorian government accepted all recommendations from the COVID-19 Hotel Quarantine Inquiry and took action to implement those recommendations. The Office of Public Prosecutions in Victoria has been contacted for comment on the matter. Please rewrite this sentence.
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