A woman who found a snail in her burger which led to her becoming violently sick thought it was a cucumber to which she was allergic.
Ms Mary Lawlor, Andy Doyle Close, Enniscorthy, told the local District Court that she and her companion, Mr Francis Fortune, had ordered chips, burger, hot dog and onion rings from the local town chip-shop, Dario's, in Cathedral Street, which is owned by Mr Dario Ianetta.
Ms Lawlor told the court that on July 9th last she went down town with her companion to consume the food. On noticing a funny taste from her burger she discovered it was from a snail, having at first thought it was a cucumber, to which she is allergic.
She and her companion brought the order back to the shop, and the following day her companion rang the South Eastern Health Board to lodge a complaint. Her recollection was that the snail was between the lettuce and the burger but that it was dead having been cooked on the burger.
When they brought back the burger they were offered a free meal. She brought the burger home and had it photographed before freezing it while awaiting a call from the health board.
Ms Catherine McNaughton, environmental health officer, told the court she visited Ms Lawlor on July 23rd and sent the burger for analysis to a laboratory in Cork. Officials also carried out an inspection of the premises, and a decision was taken to prosecute the owners for sale of unfit food.
However, Mr Cathal O'Donohoe, defending, said the analyst's report was not in keeping with the orders laid down in the current legislation.
Judge Donnacha Ó Buachalla said he would adjourn the case to February 27th to consider the legal arguments raised.