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Families of children killed in Hillcrest jumping castle incident ‘shattered’ after not guilty verdict | Families of children killed in Hillcrest jumping castle incident ‘shattered’ after not guilty verdict |
(about 8 hours later) | |
Rosemary Gamble, owner of Taz-Zorb which set up the equipment in Tasmania, had pleaded not guilty to failing to comply with workplace safety laws | Rosemary Gamble, owner of Taz-Zorb which set up the equipment in Tasmania, had pleaded not guilty to failing to comply with workplace safety laws |
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The families of the six children killed in a primary school jumping castle incident are angry after the operator who set up the castle was found not guilty of a workplace safety charge. | The families of the six children killed in a primary school jumping castle incident are angry after the operator who set up the castle was found not guilty of a workplace safety charge. |
Chace Harrison, Jalailah Jayne-Maree Jones, Zane Mellor, Addison Stewart, Jye Sheehan and Peter Dodt died after the incident at Hillcrest primary school in Devonport in December 2021. | Chace Harrison, Jalailah Jayne-Maree Jones, Zane Mellor, Addison Stewart, Jye Sheehan and Peter Dodt died after the incident at Hillcrest primary school in Devonport in December 2021. |
They were enjoying end-of-year celebrations on the Tasmanian school’s oval when a wind gust lifted the castle into the air. Three other children were seriously injured. | They were enjoying end-of-year celebrations on the Tasmanian school’s oval when a wind gust lifted the castle into the air. Three other children were seriously injured. |
Rosemary Gamble, owner of Taz-Zorb which set up the equipment, pleaded not guilty to failing to comply with a workplace health and safety duty. She was accused of failing to anchor the castle properly. | Rosemary Gamble, owner of Taz-Zorb which set up the equipment, pleaded not guilty to failing to comply with a workplace health and safety duty. She was accused of failing to anchor the castle properly. |
She was found not guilty by magistrate Robert Webster in Devonport magistrates court on Friday. | She was found not guilty by magistrate Robert Webster in Devonport magistrates court on Friday. |
In delivering his decision, Webster said Gamble “in some respects” failed to comply with her health and safety duties. | In delivering his decision, Webster said Gamble “in some respects” failed to comply with her health and safety duties. |
“However, I am not satisfied, pursuant to [the charge] those failures were a substantial or significant cause of the children being exposed to the risk of serious injury or death,” he said. | “However, I am not satisfied, pursuant to [the charge] those failures were a substantial or significant cause of the children being exposed to the risk of serious injury or death,” he said. |
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Webster said the incident occurred due to an unprecedented weather system, namely a dust devil which was “impossible to predict”. | Webster said the incident occurred due to an unprecedented weather system, namely a dust devil which was “impossible to predict”. |
“Ms Gamble could have done more or taken further steps,” Webster wrote in his written decision. | “Ms Gamble could have done more or taken further steps,” Webster wrote in his written decision. |
“However, given the effects of the unforeseen and unforeseeable dust devil, had she done so, that would sadly have made no difference to the ultimate outcome.” | “However, given the effects of the unforeseen and unforeseeable dust devil, had she done so, that would sadly have made no difference to the ultimate outcome.” |
Webster told the court the charge was dismissed and Gamble was “free to go”. | Webster told the court the charge was dismissed and Gamble was “free to go”. |
Zane’s mother, Georgie Burt, yelled at Gamble inside the courtroom after the decision was handed down. | Zane’s mother, Georgie Burt, yelled at Gamble inside the courtroom after the decision was handed down. |
“I hope you see them every time I miss a birthday, miss a Christmas,” she said. | “I hope you see them every time I miss a birthday, miss a Christmas,” she said. |
Gamble was in tears outside court, with a lawyer reading a statement on her behalf. | Gamble was in tears outside court, with a lawyer reading a statement on her behalf. |
“I never meant for something like this to happen. And I am just so sorry that it did,” the statement said. | “I never meant for something like this to happen. And I am just so sorry that it did,” the statement said. |
“I am a mother. I can only imagine the pain that other parents are living with each and every day because of this terrible thing that happened. | “I am a mother. I can only imagine the pain that other parents are living with each and every day because of this terrible thing that happened. |
“Their loss is something I will carry with me for the rest of my life.” | “Their loss is something I will carry with me for the rest of my life.” |
Peter’s father, Andrew Dodt, said he had been broken for a long time. | Peter’s father, Andrew Dodt, said he had been broken for a long time. |
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“Our hopes are just shattered now,” he said. | “Our hopes are just shattered now,” he said. |
“At the end of the day, all I wanted was an apology for my son not coming home, and I’m never going to get it and that kills me.” | “At the end of the day, all I wanted was an apology for my son not coming home, and I’m never going to get it and that kills me.” |
An inquest, which was put on hold because of the criminal proceedings, will be held while a class action has been launched against Gamble and the state of Tasmania. | An inquest, which was put on hold because of the criminal proceedings, will be held while a class action has been launched against Gamble and the state of Tasmania. |
According to court documents, seven students were on the castle when a significant weather event dislodged it. | According to court documents, seven students were on the castle when a significant weather event dislodged it. |
They fell from the castle, while a blower attached to the castle to keep it inflated struck a nearby student. | They fell from the castle, while a blower attached to the castle to keep it inflated struck a nearby student. |
Gamble used pegs to tether the castle at four of its eight anchor points. | Gamble used pegs to tether the castle at four of its eight anchor points. |
She had enough pegs available on the day to tether each point, Webster ruled, as she had done at times in the past. | She had enough pegs available on the day to tether each point, Webster ruled, as she had done at times in the past. |
However, even if eight pegs were used, it wouldn’t have prevented the castle from lifting, Webster said. | However, even if eight pegs were used, it wouldn’t have prevented the castle from lifting, Webster said. |
Weather and technical experts gave evidence during the hearing, while witnesses described a “mini tornado” hitting the oval. | Weather and technical experts gave evidence during the hearing, while witnesses described a “mini tornado” hitting the oval. |
During the hearing, Gamble’s lawyer Chris Dockray argued she had been left out to dry by the castle’s manufacturer. | During the hearing, Gamble’s lawyer Chris Dockray argued she had been left out to dry by the castle’s manufacturer. |
Webster found the operator had provided four pegs which weren’t compliant with Australian standards and didn’t provide a manual. | Webster found the operator had provided four pegs which weren’t compliant with Australian standards and didn’t provide a manual. |
On the day in question, Gamble used two of the non-compliant pegs and two other “V-shaped” pegs. | On the day in question, Gamble used two of the non-compliant pegs and two other “V-shaped” pegs. |