Restaurant found not guilty of mass poisoning

A court has found that the owners of the Copa Brazilian restaurant in Canberra are not guilty of selling unsafe food following the largest outbreak of salmonella in the city’s history.

The case saw 161 people poisoned by bad aioli.

The owners had pleaded not guilty to the charges of selling unsafe food.

Magistrate Glenn Theakston said he found the charges not proved and dismissed them.

The case goes back to May 2013 when 161 customers were served potato salad with a raw egg aioli, all part of a $45 all-you-can-eat deal.

As a result, 15 diners were admitted to hospital after eating the food.

Following the outbreak, an ACT Health investigation traced the raw eggs to a Victorian supplier.

During the case, the defence lawyer Tim Sharman told the court that the owners had held the reasonable belief that the eggs were safe as they came from suppliers that were regulated.

He said the owners were entitled to rely on that regulation and the possibility of what he called a “bad egg” was beyond the owner’s control.

The court also heard evidence that salmonella was hard to trace.

A crack in the egg shell invisible to the eye would see salmonella developing inside without being smelled or seen.

At the same time, the court heard, there were no guidelines in the ACT or rules for how to handle raw egg products, unlike other jurisdictions.

Still, while the owners escaped a criminal conviction, the case does not represent a victory for them,

The Dickson restaurant closed in 2014, one year after the outbreak.

And they are being sued with Canberra law firm Aulich Civil Law leading a case for 77 clients claiming damages for personal injury.

The lawsuit claims the restaurant failed in its duty to take reasonable precautions for its patrons’ health, and ensure food was fit for consumption. It also allegedly failed to have in place measures to guard against the supply of contaminated food.

by Leon Gettler, 6th September 2016