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Subway worker cleared over claim she caused bread contamination in Broughty Ferry sandwich shop

There was no case to answer when the issue came to trial in Dundee

Subway, Broughty Ferry
The case centred on the Subway in Broughty Ferry. Image: DC Thomson

A teenage Subway worker has been cleared of putting customers at risk by spraying bread with water containing disinfectant tablets.

Kimi Lunan found herself in court accused of culpable and reckless conduct over the incident at the Broughty Ferry shop.

A trial at Dundee Sheriff Court heard how Ms Lunan had been accused of putting the toxic tablets into a bottle – an old hairspray container with the label still attached – which was normally filled with water for spraying onto bread.

It was in a different storage space than usual when Ms Lunan picked it up.

CCTV footage from the Brook Street store showed Ms Lunan, 19, spraying some of the contents into a gloved hand and smelling it before carrying on with her cleaning duties while closing the shop.

Subway, Broughty Ferry
The Subway in Brook Street, Broughty Ferry. Image: DC Thomson

Former “sandwich artist” Craig Fitchett took over from Ms Lunan the morning after her shift.

He told the trial spraying water on the dough was a key part of the proofing process and he did not initially detect any issues.

When asked by prosecutor Sarah High if he noticed anything after taking the bread out, the witness said: “There was a high chlorine kind of smell, like a chemical smell.

“It was similar to the smell in the dishwasher area when we would clean the utensils.

“It was coming from the oven itself when the bread was getting proofed.

“I sprayed the bottle against my hand with gloves on to see if I could garner a smell from it.

“It was what was coming from the oven, which was the same smell from the dish area.”

The bread was discarded and none of the contaminated food was served to customers.

Careless, not reckless

Defence solicitor Theo Finlay questioned the “informal” use of the “hairspray” bottle, which had replaced a clear bottle, as well as its storage.

Various other bottles were also used in the cleaning area.

Mr Finlay made a no case to answer submission following the conclusion of the Crown case, insisting there was not sufficient evidence for a conviction.

Sheriff Gregor Murray said: “I accept she may have been careless but there is no evidence that she was reckless.

“The bottle wasn’t kept in its usual place, it was marked as a hairspray bottle.

“There was no label saying ‘water only’ or something of that nature.”

Sustaining Mr Finlay’s motion, Sheriff Murray told Ms Lunan, of Findale Street, he found her not guilty.

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