Jumping castle operator at the centre of the Hillcrest Primary School tragedy found not guilty of criminal negligence

Sky News AU

2 days ago

A magistrate has thrown out charges against the operator of the jumping castle at the centre of the Tasmanian Hillcrest Primary School incident which claimed the lives of six children.
The Devonport Magistrates Court ruled on Friday that Rosemary Anne Gamble, the proprietor of an inflatable jumping castle which became airborne during an end-of-year celebration at Hillcrest Primary in 2021, was not guilty of criminal negligence.
The courtroom exploded in anger and outrage as the charges against the woman was quashed, with the families of the deceased children seen sobbing loudly and shaking their heads.
One mother yelled at Ms Gamble as she sobbed while exiting the courtroom and others were left in visible disbelief and shock.
Georgie Burt, the mother of 12-year-old Zane Mellor who died in the tragedy, yelled at Ms Gamble after the ruling was given.
'I hope you see them every time I miss a birthday, miss a Christmas," Ms Burt said.
The families were then quickly ushered to a separate room in the courtroom, with one heard muttering 'I'm not even surprised'.
Andrew Dodt, whose son Peter was killed in the incident said the verdict had broken him.
"I've been broken for a long time and I think I'm going to be broken for a lot more," he said outside court.
Another family member said the decision was 'disgusting' as he left court.
Magistrate Robert Webster said the event occurred due to an unprecedented weather event that the tragedy was impossible to foresee.
'The dust devil was unforeseen and unforeseeable. I am satisfied Ms Gamble had a health and safety duty under s32(a) of the Act and in some respects, she failed to comply with that duty under s32(b),' the judge outlined.
'However, I am not satisfied ... those failures were a substantial or significant cause of the children being exposed to the risk of serious injury or death.
"Ms Gamble could have done more or taken further steps 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.
After delivering his verdict via videolink, Mr Webster told Ms Gamble she was 'free to go'.
Prosecutors alleged that Ms Gamble had staked the castle to the ground at only four of it's eight anchorage points and used steel pegs that did not meet safety standards.
However, Webster noted that the use of anchor pegs would have made no difference.
'There is no evidence that a different peg installation would have made any difference," Mr Webster said.
"In any event the evidence with respect to the four pegs which were installed is they were installed correctly, i.e. at closer to 90 degrees rather than 45 degrees."
Ms Gamble released a statement following the ruling stressing how regretful she was about the incident and that she could not possibly imagine the pain that the families of the dead children were feeling.
'There are no words to describe how I have felt ever since that tragic incident took so much away from so many people and left nothing but heartbreak and emptiness in its place,' the statement read.
'I don't ask for people's understanding. I accept that people will feel anger and animosity toward me. I know there is nothing I can ever do which will change that.
'I never meant for something like this to happen. And I am just so sorry that it did'.
Rosemary Gamble pled not guilty for failing to comply with health and safety regulations in relation to the event that occurred in Tasmania's North West on December 16 2021.
Chace Harrison and Addison Stewart, 11, and Peter Dodt, Jalailah Jayne-Maree Jones, Jye Sheehan, and Zane Mellor, 12 all died when the jumping castle they were playing on was hurled 10m into the air after being struck by a sudden gust of wind.
Even if the magistrate had found Ms Gamble guilty he would have been incapable of sentencing her to a prison term, with the maximum penalty for the charges being a $300,000 fine for an individual business owner.
The woman's lawyers claimed their client had not been given a manual upon her purchase of the jumping castle and that she received assurances from the manufacturer that the product was compliant with Australian safety standards.
The victims' families indicated they plan to return to court by pursuing a coronial inquest, which is yet to be given a starting date.
The families also launched a civil class action against the state of Tasmania and Ms Gamble in December last year.