Planet Fun: Company fined £30k after ride malfunction in Carrickfergus
A funfair operator has been fined £30,000 and a man has been handed a 12-month sentence, suspended for two years, over health and safety breaches arising from the malfunction of a ride in County Antrim.Several people including children were injured when the Star Flyer ride malfunctioned at Planet Fun in Carrickfergus in July 2021.Jeff Johnston, 73 from Mill Cottage Park in Millisle, admitted a charge of failing to conduct his undertaking in such a way that others were not exposed to risks to their health and safety on 14 July of that year.Johnston, who was self-employed at the time, appeared in the dock at Belfast Crown Court on Friday.
Global Events and Attractions, which is based in Bellshill in Scotland, admitted two health and safety breaches on 12 July - namely failing to ensure a safe system of work and failing to protect the health and safety of non-employees.Company representative Kristopher Tosh attended the sentencing via videolink.
'Grave emotional trauma'
Judge Gordon Kerr KC said: "These were members of the public who were paying for the privilege of being frightened, not paying to actually be hurt and frightened."The court heard that between 35 and 38 people, including children, were on the Star Flyer and, during the course of the ride, some of the chairs swung out and impacted against the perimeter barriers.As the ride began to rise, some of the patrons in the chairs then hit lighting and display signs attached to the ride.One of those on the ride later described using his feet to avoid a collision.The ride was brought to a halt and some customers had to climb out of the chairs as the locked safety bar mechanisms would not release.Several were taken to an emergency department.A prosecuting barrister said that although the injuries were thankfully not serious, they did suffer "grave emotional trauma".
'A nightmare'
The judge revealed that in one statement, a man who was on the ride said he would "never forget what happened that day". The man said: "What we went through was awful. I find it difficult even trying to put it into words."What started as a family fun day that summer turned into a nightmare. My physical injuries have gone but my mental injuries remain with me."In the aftermath of the incident, the ride in question underwent an examination and after several defeats were identified, both Global Events and Attractions and Johnson were charged with health and safety breaches.Johnson's barrister said there had never been a complaint made against his client "over the entirety of his working life".Judge Kerr said he accepted this and had taken into account several positive references as well as the pensioner's age, mental health issues and clear criminal record.He said he had also considered Global Events and Attractions "good reputation" and lack of any previous health and safety breaches.Noting both the company and Johnson had co-operated with the investigation, Judge Kerr imposed the fine and suspended sentence.
'Very high speeds and forces'
The Health and Safety Executive for Northern Ireland carried out an investigation after the incident.In a statement, HSENI Inspector Kevin Campbell said: "Funfair operators must ensure that all their attractions are properly designed, erected, and properly maintained. "Funfair attractions can operate at very high speeds and forces. In this incident, the patrons were very fortunate they did not suffer any life-threatening conditions as a result of the attraction malfunctioning."HSENI will not hesitate to recommend the prosecution of businesses and individuals who fail to provide safe working conditions for their employees or expose members of the public to danger."
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