[2] As one of the evidences of unhygienic condition at the food factory, health inspector Elizabeth Garlick claimed that she found a slug at the premise.
The company owner, Ian Cook blamed Sutton of reckless decision and accused Garlick of planting the slug.
[6] A whistleblower from the Greater Dandenong Council claimed that the health inspection did not find any direct link of the sandwich from I Cook Foods and the death of a woman.
[8] Ian Cook took up the legal case for reopening and a bid towards the loss and damages of the company at the Supreme Court of Victoria.
In the final ruling in November 2023, the court declared the closure order invalid and blamed Sutton for unfairly closing the food company, while denying Cook's claim for compensation.
[15] The food-borne infection produces the most fatal symptoms mostly in people above 60 years of age and pregnant women as a result of intervention of the bacterium with the immune system.
[16][17] City of Greater Dandenong Health Inspector, Ray Christy, made the first investigation at the Knox Private Hospital.
He declared that closure was necessary "in the interest of public safety", and stated: "The overwhelming weight of evidence to me suggests that it was from I Cook Foods.
[19] The closure order immediately led to the dismissal of all the 41 workers and disposal of food worth US$700,000,[5] as well as loss of contracts from business partners.
The Department of Health made public awareness stating that "the woman contracted a Listeria-related illness while in hospital being treated for an unrelated condition in late January.
[5] Painter's daughters' statement that their mother ate sandwiches at the Knox hospital was taken to support the link of I Cook Foods to the woman's death.
[29] As multiple correspondences were revealed from emails of the staff of the health department, Sutton simply decided to close the company before the test results were available.
[29] Rogerson came up with evidences from the council computer records that the photograph of the slug was edited so as to remove the bits of tissue papers lying by.
Upon investigation, Detective Sergeant Ash Penry promptly reported that he found the closure order was against procedural system and it caused destruction of US$700,000 worth of food.
[34] Penry concluded that the closure was unlawful and that the city council acted on "a level of corruption, misuse of office and a malicious prosecution".
Chief Commissioner Shane Patton responded that the letter of complaint had allegations that merit investigation, and initiated a review of the case in April 2021.
[37] Email records showed that original report of Buckett was changed under the direction of Pauline Maloney, of the health department, and the council employee Leanne Johnson.
[38] Although Buckett saw no evidence of Painter's death connected with I Cook Foods[26] and recommended re-opening of the company,[27] the health department decided to close it down.
[43][44] Rogerson testified before the inquiry how the slug image was manipulated and also asserted that the council authorities pressed her to make her report to indicate I Cook Foods unsanitary practices.
[8] Discussing how the council neglected important issues in the initial investigation, he said that he was prevented from detail inspection of Painter's food history in the hospital, and his question on why only a single case was found was not looked into.
The inquiry found emails to the city council had a report which stated that Painter's listeria infection could not come from I CookFoods products as she was on a diet of soft foods supplied by other companies.
Sutton claimed that the emails would not have changed his decision if he had seen them in 2019, and stood by his view that "There's no other reasonable explanation that the source... was anything other than I Cook Foods.
The second final report was submitted on 14 October 2021, with the major findings:[49] On 27 July 2021, Ian Cook sued the Greater Dandenong City Council and the Department of Health and Human Services for damaging his business and demanding initially US$26[50] (raised to US$50 by October 2021[45]) million for reparation at the Supreme Court of Victoria.
[4] On 13 November 2023, Justice Michael McDonald ruled that the order was invalid as the health department did not oversee fair procedure in making the decision.
[6] Sutton was well aware of the consequences of his orders as he declared in the trial: "I was absolutely devastated by the need to make that decision to protect vulnerable individuals.
[4] Ian Cook contended with the court decision on invalidating Sutton's order, but was disappointed at the rejection of the compensatory claim.