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Bullies fined after waitress suicide

08 Feb, 2010 11:34 AM
Four workmates of a young waitress who killed herself by jumping off a building have been convicted and fined a total of $335,000 over relentless bullying before her death.

Brodie Rae Constance Panlock, 19, was subjected to the humiliating bullying by workmates at Cafe Vamp in Hawthorn, in Melbourne's east, before she threw herself from a multi-storey car park in September 2006.

Former workmates Nicholas Smallwood, 26, now of Queensland, Rhys MacAlpine, 28, of Kooyong, and Gabriel Toomey, 23, of Melbourne, all pleaded guilty in the Melbourne Magistrates Court to failing to take reasonable care for the health and safety of persons.

The cafe's owner Marc Luis Da Cruz and his one-man company MAP Foundation pleaded guilty to two charges, including failing to provide and maintain a safe working environment.

All four men were convicted on the charges, with magistrate Peter Lauritsen today describing their actions as "the most serious case of bullying" and saying he would have doubled the penalties if they had not pleaded guilty to the charges.

Smallwood was fined $45,000, MacAlpine was fined $30,000 and Toomey $10,000.

Da Cruz, 43, was fined a total of $30,000 while his one-man company MAP Foundation was fined a total of $220,000.

During earlier hearings, tearful family and friends of Ms Panlock heard distressing details in court of her ordeal at Cafe Vamp, where she worked between June 2005 and September 2006.

Ms Panlock's distressed mother Rae had to leave court several times as Mr Lauritsen delivered his findings.

Prosecutor Gary Livermore told a pre-sentence hearing on Friday that witnesses had seen Smallwood and MacAlpine pour fish oil into Ms Panlock's kitbag and then pour it over her hair and clothes, reducing her to tears.

He said they had also engaged in indirect bullying, such as calling her fat and ugly, spitting on her, gossiping, exclusion and failing to intervene when she was being bullied.

He said Da Cruz was aware of the bullying and on occasions told them to "take it out the back".

Mr Lauritsen was told that Ms Panlock had tried to commit suicide in May 2006 by ingesting rat poison with beer after being rejected by Smallwood, with whom she'd had an intimate relationship.

Mr Livermore said that after that incident Smallwood put rat poison in her bag, and MacAlpine urged her to take it, while her tormenters had taunted her about her attempted suicide.

The three men no longer work at the cafe.

Smallwood was this morning told he had lost his job in Queensland.

* Readers seeking support and information about suicide prevention can contact Lifeline on 13 11 14 or SANE Helpline on 1800 18 SANE (7263).

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Date: Newest first | Oldest first
Our Courts must be the most lenient in the world. They will have no trouble getting the money to pay the fines they will bully someone else for the money. Close the Cafe. I do not know how she could have worked with those low life.
Posted by taxpayer, 8/02/2010 1:44:40 PM, on The Independent Weekly
What a sad, sad story. These people were old enough to know better than to prey on the insecurities of a 19 year old girl. What pathetic excuses for men. I hope they feel the guilt and shame every day of their lives.
Posted by Serena, 8/02/2010 3:42:49 PM, on The Independent Weekly
Our son, as a 16 year old apprentice, was subjected to bullying by an older man. An incident occured whereby he was called up in front of 4 adults, includiing the Apprentice Coordinator. I told our son to fill in an Affidavit, since there were no witnesses to the incident - he did that - he was laughed at for submitting it. After that, almost all of the adults turned their back on him. He turned from an enthusiastic apprentice to drinking, smoking marijuana, taking sickies etc. It has had a big affect on him, he is now 42!. I wish these 'men' could be put on trial for their impact and pyschological torment of our son.
Posted by Jack, 8/02/2010 7:00:00 PM, on The Independent Weekly
these men should have to pay for the funeral at least and then be put into the public populus of the prison and that the word is spread of what they did see how funny they think they are then
Posted by Victimofreality, 12/04/2010 8:25:46 PM, on The Independent Weekly

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Marc Luis Da Cruz leaving the Magistrates Court. Photo: Justin McManus
Marc Luis Da Cruz leaving the Magistrates Court. Photo: Justin McManus

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