STEVE BUTCHER
February 8, 2010 - 12:18PM
Four men responsible for the relentless bullying of a teenage waitress - who later killed herself - were today convicted and fined a total of $115,000.
The company that runs Cafe Vamp in Hawthorn, MAP Foundation, was convicted and fined $220,000 after it and the four defendants pleaded guilty in the Melbourne Magistrates Court to failing to take reasonable care for the health and safety of persons.
The charges were issued by WorkSafe Victoria.
Magistrate Peter Lauritsen ordered cafe owner Marc Luis Da Cruz, 43, manager Nicholas Smallwood, 26, Rhys MacAlpine, 28, and Gabriel Toomey, 23, and MAP Foundation to pay a total of $335,000.
Mr Lauritsen, who described the atmosphere at the cafe as almost ‘‘poisonous’’, said the bullying of Brodie Panlock, 19, was ‘‘persistent and vicious’’.
He said the acts of the defendants carried a high risk of serious injury and their culpability was far too significant to warrant non-convictions.
Mr Lauritsen accepted their pleas of guilty exhibited remorse and the penalties would be discounted because of them.
A coroner last year implicated MacAlpine and Da Cruz, his company and two other former employees in the physical and emotional bullying of Ms Panlock at Cafe Vamp between 2005 and 2006.
Coroner Peter White found she was treated in an "extremely aggressive and intimidating" manner at the Glenferrie Road business.
On the evidence of a former workmate, Mr White described Smallwood and MacAlpine as "relentless in their efforts to demean her".
Ms Panlock, described at the inquest by a co-worker as chirpy and compassionate, killed herself in September 2006.
* Support is available for anyone who may be distressed by calling SANE Helpline 1800 18 7263 1800 18 7263; Lifeline 131 114; Salvo Crisis Line 9331 2000; beyondblue 1300 22 46 36 1300 22 46 36.
Source: theage.com.au
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