Coroner: Nuts or oyster killed diner

An Auckland coroner has concluded that a man who collapsed and later died after eating a restaurant entree was probably exposed to traces of nuts or oyster.

The restaurant in Whitford, southeast of Auckland, was told weeks earlier by 38-year-old Grant Freeman's employer, Chelsea Sugar, that he was allergic to fish, nuts, eggs and chicken.

A police investigation found the restaurant took many steps to avoid exposing him to these foods.

Coroner Murray Jamieson released his decision this week following an inquest in May into the rare tragedy in April 2006.

Dr Jamieson said he could not determine how the allergen which presumably caused Mr Freeman's illness entered his entree.

"It is likely that a trace of either nut or oyster was responsible."

He recommended the Food Safety Authority review the information given to food outlets about food allergies and how to protect customers.

Mr Freeman, whose food allergy dated from childhood, felt unwell immediately after eating the tomato-based entree at Whitfords restaurant. He went to the toilet, where he collapsed.

Ambulance officers resuscitated him and took him to Middlemore Hospital. Unconscious, he was treated in the intensive care unit, but had a "profound brain insult that was not survivable". He died two days later.

As the cause of death was clear, the doctors provided a death certificate, which Dr Jamieson said was a mistake because the circumstances warranted notifying a coroner. Consequently a post mortem examination was not done.

"It is possible, although not very likely, that identification of the food present [in the stomach] could have been made at post mortem."

Police obtained contradictory information over the entree's composition.

A kitchen employee twice told the 111 call-taker Mr Freeman "had been given pesto with nuts in it" but later told the police it was actually salsa verde. He had said "pesto" at first as he was upset and panicked.

Restaurateur Susan Humphries told the police the salsa verde, which she prepared, contained no nuts.

Crown lawyers advised there was insufficient evidence to prove any criminal offending.