Sarah Ferguson, the customer who was served sodium hydroxide instead of mulled wine at Old Man Rock Café. Photo / Otago Daily Times
The owner of a Queenstown restaurant that last July mistakenly poisoned two women with dishwashing detergent was convicted and ordered to pay $1000 "emotional harm" reparation to both victims in Queenstown District Court today.
Both women were hospitalised after drinking the potentially fatal poison, wrongly put in Old
Man Rock Cafe's mulled wine urn, on July 9 last year.
One, part-time barmaid Bethany Sim, could suffer obstructive problems from her scarred oesophagus in later life, crown prosecutor Sarah McKenzie said.
Cafe owner Chico's Restaurant Ltd pleaded guilty three weeks ago to selling food containing an extraneous matter - sodium hydroxide - causing injury.
Chico's lawyer Shafraz Khan told Judge Stephen O'Driscoll he did not believe a fine was necessary as nationwide negative publicity had been deterrent enough.
The owners had suffered "a lot of embarrassment" when their photo was shown in the local paper in this "small town where everybody knows everybody".
Queenstown primary school teacher Sarah Ferguson had asked Ms Sim for a sample of mulled wine, but spat it out immediately after feeling her lips and mouth burn.
Ms Sim then tested the mulled wine, suffering fibrosis and scarring of her oesophagus after swallowing the caustic brew, as well as burning her mouth and lips.
Investigations later revealed that dishwashing detergent stored in a recycled "Mountain Thunder" container - "appropriately named, wasn't it?" Judge O'Driscoll commented - had in a staff member's haste been used to fill up the mulled wine container, Mr Khan said.
h Usually cleaning supplies were kept in a separate room but on this occasion, the 20 litre container had been left on the restaurant's loading bay. The detergent was the same colour and consistency as mulled wine, and some of the Mountain Thunder label was still visible beneath the detergent sticker.
Judge O'Driscoll said he believed there was "a degree of complacency involved and a lack of adequate procedures in existence" to keep food and other substances separate.
Accepting the company was remorseful - and had taken immediate steps to ensure the accident was not repeated - Judge O'Driscoll said there was still clear evidence of emotional consequences for both victims.
He also ordered Chico's Restaurant to pay reparation of victims' costs totalling $1020 and other fees totalling $1027.50.
Ms Ferguson, who sat in court during the sentencing, said she was relieved it was all over.
- NZPA
