Martin Marinelli and Mariker fined but spared conviction over glass in food at Atlas Cafe

Early one morning a light globe burst above a stove at a Central Markets cafe. Shards of that globe would make their way to the stomach of a customer – this is how.

A “unique and unfortunate” series of events led to shards of broken light globe getting mixed into an omelet before being served to a customer at a popular Central Market cafe, a court has heard.

Atlas Cafe has been fined thousands of dollars over the May 2021 incident, but spared conviction after a magistrate found it was one-off accident in the otherwise unblemished 40-year history of the cafe.

Martin Marinelli, the director of Mariker Pty Ltd, was charged with two counts of failing to comply with food standards over the accident on May 18, 2021.

On Thursday, Michael Dadds, for Mr Marinelli and Mariker, told the Adelaide Magistrates Court that in the 40 years the Atlas Cafe had been in business, it had never breached a food safety standard.

Magistrate Kym Millard heard that in the early hours of May 18, a chef had been working in the kitchen of the Atlas Cafe when a light globe above the stove burst.

Several pans on the stove were showered with glass and the circuit breaker tripped, leaving the cafe in darkness.

The court heard that the chef had used paper towel to wipe out each of the pans in the gloom before returning them to the stove.

The chef left for the day later in the morning and was replaced by the day chef.

Martin Marinelli, owner/operator of Atlas Cafe, which served up an egg and bacon breakfast roll with a piece of broken glass inside: Picture: David Mariuz

During the morning another piece of glass was spotted in food before it was served.

Later that day pre-made omelet mixture was poured into the pan and used to make the fillings of a breakfast wrap ordered by a customer.

Mr Millard in his sentencing said the customer was three-quarters of the way through the wrap when he bit into what would turn out to be glass.

He told staff at the cafe who immediately linked the glass in the food to the broken light bulb.

An hour later the customer went to the Royal Adelaide Hospital where he was scanned and doctors discovered three small pieces of glass in his stomach.

A specialist advised against operating to remove the glass, instead concluding that the shards were small enough to be passed naturally.

Atlas Cafe in the Central Market. Picture: David Mariuz.

Mr Marinelli pleaded guilty to the charges early, acknowledging that there should have been a wire cover over the light and better procedures in place to ensure food was not contaminated in the event of a globe breaking.

“He is genuinely sorry for the very considerable anxiety and inconvenience caused to the victim [and] thankful no serious or long-term injury was caused,” Mr Dadds said.

Mr Millard said the earlier finding of broken glass in a separate meal should have set alarms ringing.

“They should have been aware that if there was one such failure that other food might be compromised glass,” he said.

Mr Millard fined Mariker $2750 and Mr Marinelli $2000. Along with other costs, the final bill will exceed $7000.