A now-closed Italian restaurant and its former owner have been hit with a $40,000 fine after two children unknowingly drank insect repellent when they were served citronella instead of cranberry juice at the Perth establishment.
Hannah Lemin and her sister Olivia, aged 11 and 12, were having dinner with their parents, Marcus and Michele, at Miky’s Italian Fusion restaurant in the Perth suburb of Crawley in June 2024.
During the meal, the girls complained their cranberry juice tasted like it had been “poisoned”.
It was later discovered that a bartender employed by the restaurant had given the girls a pink-coloured citronella torch and lamp oil solution.
The bottle of insect repellent was mistaken for cranberry juice. (Supplied)
The girls were treated in hospital and the incident sparked a Department of Health investigation.
Neither child suffered permanent physical damage.
‘It’s just old cranberry juice’
The ABC interviewed the family the day after the incident, and the girls’ parents described their horror after realising what their daughters had drunk.
“My daughters just went to gulp it down, and they both spat the cranberry juice out and said, ‘It’s poisoned,'” Michele Lemin said.
“I said, ‘Don’t be silly,’ and took the glass, and I went to gulp it down and then spat it out.”
Olivia and Hannah were raced to hospital after the incident. (ABC News: Daryna Zadvirna)
Marcus Lemin said he ran to the front counter after smelling the liquid and demanded to see the bottle it came from.
He claimed the staff member initially refused, telling him it was “just old cranberry juice”.
“He took the bottle [out of the fridge] and placed it under the counter,” Mr Lemin said.
“That’s when I sort of said, ‘No, you need to give me the bottle, I need to see what it is.'”
Miky’s Italian restaurant in Crawley has since closed. (Google Maps)
The Mount Claremont family rushed to Perth Children’s Hospital and Sir Charles Gairdner Hospital after receiving advice from the poisons information centre.
“My daughters’ … stomachs were burning, their fingers and hands were tingling,” Ms Lemin said.
“They had a headache … it was awful.”
The children and Ms Lemin were observed in hospital for several hours before being discharged.
“We’re lucky that the children weren’t younger,” Ms Lemin said.
“If they were younger children that this happened to, I’d hate to think what would have happened.”
Emotional trauma
In the Perth Magistrates Court on Tuesday, Magistrate Donna Webb said the former owner of the business, Michele Angiuli, 35, failed to exercise due diligence and his restaurant did not seem to be appropriately managed or compliant in a number of areas.
She found Angiuli failed to ensure staff had food safety certifications and noted a lack of food safety supervisors, despite having received several reminders to do so.
The case was heard in the Perth Magistrates Court. (ABC News: Mya Kordic)
Angiuli’s lawyer argued while the serving of citronella was an act of “gross negligence” by the bartender — who had only worked there for two weeks — it was outside of Angiuli’s control.
But Magistrate Webb said she did not find his evidence credible, noting he had initially lied and disposed of the citronella and cranberry juice bottles.
She found Angiuli guilty of selling unsafe food — though conceded he likely did not do so knowingly.
Deliberating over an appropriate sentence, the magistrate said she needed to consider the “vulnerability” of the children, who had been served “a recognised poison” and likely experienced some “emotional trauma”.
“The potential consequences to the complainants in this matter was significant,” she said.
“I can’t imagine how terrifying it would’ve been for the parents.”
The Lemin family spoke outside court after the fine was handed down. (ABC News: Bridget McArthur)
Angiuli’s lawyer put forth good character references — citing his work as a paramedic, lifeguard and Red Cross volunteer — and lack of previous convictions.
He said his client had since lost his business and was now self-employed in finance trading.
Miky’s had been the first restaurant he had owned.
“He’d always worked in restaurants, in hospitality in Italy,” his defence lawyer said.
Magistrate Webb imposed a fine of $20,000 for Angiuli’s company and $20,000 for Angiuli personally, plus costs.
Speaking after court, Mr Lemin said he had no idea what an appropriate sentence would be, but he hoped the fine sent a message to the hospitality industry.
“I think the issue for me is more that it drives a bit more rigour in the industry and that we get to a point where maybe business owners in the hospitality industry understand the accountabilities they hold,” he said.
Mr Angiuli declined to speak to the media.
Dining and Cooking