A Perth deli owner accused of selling bottled water tainted with his semen to a female customer isn't facing criminal prosecution but is still being sued by the woman. Source: News Limited
A PERTH deli owner accused of selling bottled water tainted with his semen to a female customer isn't facing criminal prosecution but is still being sued by the woman.
On December 6, Alicia Cooper's lawyers Slater and Gordon lodged a writ and statement of claim on the woman's behalf in WA's District Court, almost three years after the incident occurred.
Her husband Travis bought the bottle of water from the Dianella business on December 10, 2010 and placed it in their fridge at home, and when she consumed it about three days later, she became alarmed by its bad taste and smell.
A complaint was lodged with the City of Stirling and reported to police, who referred it to the Director of Public Prosecutions (DPP).
The statement of claim says that a DNA test confirmed the semen belonged to the deli owner Dahn Le. But the DPP determined that the incident could not be defined as an offence under the Criminal Code.
And the City of Stirling could not take action under the Health Act because the 12-month statute of limitations had run out while the police investigation was under way.
"It's extremely frustrating for her,'' Slater and Gordon's Karina Hafford said.
"When something like this happens, a person would automatically assume that there's some criminal penalty or sanctions that would occur.
"The civil action is about compensation, but it's also about justice."
She said the legal firm was surprised to discover the incident fell between the cracks in WA's Criminal Code.
"It's simply extraordinary.''
The Dianella deli is now under new ownership.
Ms Hafford said Ms Cooper had previously sold the same brand of bottled water as part of her job, but could no longer do so and had to quit working in customer service.
Three years later, she continues to suffer flashbacks when she sees the brand in shops, and is fearful of eating or drinking anything that has not been prepared in her home.
The claim is for loss of earnings, pain and suffering from psychological injuries, and exemplary or punitive damages.
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