Yoghurt case important for prosecutions over breaches of food hygiene, says judge

The outcome of a court case involving a carton of yoghurt found to contain a woodlouse will have an important bearing on future…

The outcome of a court case involving a carton of yoghurt found to contain a woodlouse will have an important bearing on future prosecutions for breaches of food hygiene regulations, the President of the High Court, Mr Justice Morris, said yesterday.

The carton - a Muller Fruit Corner Strawberry Yoghurt - was bought in Crazy Prices, Florence Road, Bray, Co Wicklow, on July 10th, 1997, and was found to contain a woodlouse.

The Eastern Health Board brought proceedings against the suppliers - O'Kane Foods (Ireland) - which claimed they had been supplied with the yoghurt by a Northern Ireland company.

Judge Thomas Ballagh dismissed the prosecution in the District Court. He refused to state a case for the High Court's consideration. However, the health board later secured leave to seek a judicial review of Judge Ballagh's decisions.

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Yesterday, Mr Justice Morris ordered Judge Ballagh to state a case to the High Court giving his reasons for dismissing the action.

Mr Justice Morris said the eventual outcome of this case would be of importance in future prosecutions.