The operator of a jumping castle involved in an incident that killed six children in Tasmania in 2021 has been found not guilty.
Rosemary Anne Gamble pleaded not guilty to a charge of failing her work health and safety duty.
On Friday, Magistrate Robert Webster dismissed a charge against Gamble, finding the charge against her not proven.
A class action has been launched against the state of Tasmania and the jumping castle operator by the families of the children killed and injured.
What happened?
On 16 December 2021, Hillcrest Primary School in Devonport, Tasmania held its end-of-year celebrations, which included a jumping castle.
Around 10am, a gust of wind lifted the castle into the air while seven children were inside.
The weather event that caused the castle to become airborne is known as a “dust devil”.
Five children died after falling from the airborne castle, while a sixth died after being hit by a piece of equipment that blew away.
Trial
Prosecutor Madeleine Wilson argued Gamble failed to comply with her duty, including properly training herself and her staff to safely operate the castle.
Gamble’s business partner Robert Monte told the court they taught themselves through YouTube.
Defence lawyer Chris Dockray SC argued the deaths were unavoidable, as the dust devil could not have been predicted.
Although Magistrate Webster was satisfied that Gamble “failed to comply” with her work health and safety duty “in some respects,” he was not satisfied her failures “were a substantial or significant cause of the children being exposed to the risk of serious injury or death.”
Response
Your contribution ensures The Daily Aus can continue doing the work you love.
I want to give $10 monthly to help TDA keep doing the news.
Your details:
In a statement, Gamble said: “I am a mother. I can only imagine the pain that other parents are living with each and every day… Their loss is something I will carry with me for the rest of my life.”
Andrew Dodt, father of one of the children who died, said in a statement: “Our hopes are just shattered now”.
Georgie Burt, the mother of another child who died, told the media: “This outcome does not reflect the weight of our loss, nor the reality we live with every single day.”
Next time
Friday’s ruling is not the end of the case.
A coronial inquest will be held into the deaths.
This is a series of public hearings where the coroner will hear evidence to inform recommendations to prevent similar deaths.
It is not the same as a court hearing, and the coroner cannot find someone guilty of a crime.
Last year, the families of the children launched a class action in Tasmania’s Supreme Court.
A class action is a type of lawsuit where many people are represented by one plaintiff.
The case alleges that Tasmania (the operator of the school) and Taz-Zorb failed to take reasonable measures to ensure the safety of children.
The law firm running the case, Maurice Blackburn, said any child impacted by the incident and their close family members are eligible to join the class action.
Lawyer Dimi Ioannou told the ABC: “This class action is about seeking justice… These families feel the pain and trauma everyday and nothing will erase the suffering or bring back their lost children.”
Ioannou said the class action would not begin until the criminal proceeding and coronial inquest has concluded.
