logo
Woman who set up Hillcrest jumping castle not guilty following deaths of six primary school students in Tasmania

Woman who set up Hillcrest jumping castle not guilty following deaths of six primary school students in Tasmania

The Guardiana day ago

The operator of a jumping castle at the centre of an incident that killed six children has been cleared of breaching workplace safety laws.
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.
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 found not guilty by magistrate Robert Webster in Devonport magistrates court on Friday.
Webster didn't read the full decision which was expected to be published online.
'I found the charge is not proven. It is dismissed. Ms Gamble you are free to go,' he said.
Gamble faced a 10-day hearing in November where it was alleged she only used pegs at four of the castle's eight anchor points, despite the manufacturer's instructions recommending eight.
Her lawyer, Chris Dockray, argued Gamble had been left out to dry by the castle's Chinese manufacturer.
East Inflatables didn't provide instructions to Gamble upon purchase and only supplied four pegs, Dockray told the court.
Sign up to Morning Mail
Our Australian morning briefing breaks down the key stories of the day, telling you what's happening and why it matters
after newsletter promotion
Gamble instead downloaded a two-page manual from the company's website, he said, which resulted in an interpretation that four pegs were sufficient.
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.
Preparations for an inquest had been paused due to the criminal proceedings, while a class action has also been launched against Gamble, as well as the state of Tasmania.

Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Teenager at elite Sydney private school wins HUGE payout after suing primary school over an accident at an athletics carnival that left him with lifelong injuries
Teenager at elite Sydney private school wins HUGE payout after suing primary school over an accident at an athletics carnival that left him with lifelong injuries

Daily Mail​

time37 minutes ago

  • Daily Mail​

Teenager at elite Sydney private school wins HUGE payout after suing primary school over an accident at an athletics carnival that left him with lifelong injuries

A student at an elite Sydney private school has won a huge payout against his public primary school after life-changing injuries suffered at a Year 6 athletics carnival. On Friday, the now 17-year-old, a current student at Shore, secured a $275,000 judgment against Neutral Bay Primary School and, vicariously, the state of NSW. The lawsuit concerned a long-jump competition at the public school in 2019 when, at the age of 11, the boy landed on a hard surface in a sandpit and injured his back. The student, unnamed for privacy reasons, said he suffered a significant spinal injury during the long-jump, resulting in permanent back pain and impairment. He first brought the suit to the NSW District Court which, in October, dismissed his claim, finding the school had taken adequate steps to protect the students. In that instance, Judge Robert Newlinds SC found the teachers supervising the event reasonably believed the sandpit was safe and had been sufficiently sanded. Judge Newlinds ruled that while schools must take reasonable steps to keep students safe during sporting events, they cannot be expected to eliminate risks altogether. 'There will always be unfortunate consequences and injuries suffered by children at school or at play, even when there has been every reasonably precaution taken to prevent such actions,' he said. On appeal, acting Justice John Griffiths, with whom two other judges agreed, disagreed, claiming the risk of harm was foreseeable and easily avoidable. He held the school failed to ensure there was adequate sand to soften the area where the student landed and the two teachers failed to give adequate supervision. The primary judge relied on an image of a tape measure alongside the sandpit to infer there was at least was at least 20cm of sand combined with other soft-fall material. Justice Griffith disagreed with the inference, claiming the tape measure appeared to be kinked in the image and that the lower court relied too strongly on the single image. 'I am comfortably satisfied that there was a breach of duty on the part of the school in failing to take reasonable precautions to minimise the risk of injury from long jumping,' Justice Griffiths said. 'There was a breach of duty here because of the school's failure to take reasonable precautions which could have prevented [the student's] injuries. 'Those precautions were not onerous.' In determining damages, Justice Griffiths accepted the evidence of the student's doctor who claimed the injuries were 'likely to affect his future outcome'. Medical evidence held the boy suffered 'significant structural damage' to a spinal disc which, in turn, caused 'permanent structural damage' to his spine. Both courts accepted the injury interfered with his 'ability to enjoy life to date' and would 'continue to do so'. During the trial, the student suggested he might wish to follow his mother into IT or finance after school and that his back pain might make sitting all day 'quite hard'. He also raised the possibility of joining the military after school but said his experience in cadets at high school had been undermined by his injuries. Justice Griffiths decided to award a 'buffer' of $250,000 for future economic loss and an additional $25,000 for non-economic loss in the form of pain and suffering. He also rejected the school's claim the injury would have arisen regardless of the force or hardness of his landing in the pit since it arose from intra-abdominal pressure. 'It is possible [the student] may still have suffered the same injuries had there been an adequate amount of sand in his landing area,' he said. 'However, it is no "answer to the question whether something has been demonstrated as being more probable than not to say that there is another possibility open".' Ultimately, the Court of Appeal panel ruled the school had failed to protect the student from a reasonably foreseeable risk of injury. 'There are undoubted risks in school sports, but they form part of the curriculum in many primary schools and the community rightly recognises that such activities are beneficial for young children when properly supervised,' the panel ruled. 'I am comfortably satisfied that there was a breach of duty on the part of the school in failing to take reasonable precautions to minimise the risk of injury from long jumping.'

Pheobe Bishop's 'gentle soul' is honoured as her grieving mum shares a symbolic gesture and the community prepares to hold a candlelight vigil
Pheobe Bishop's 'gentle soul' is honoured as her grieving mum shares a symbolic gesture and the community prepares to hold a candlelight vigil

Daily Mail​

time2 hours ago

  • Daily Mail​

Pheobe Bishop's 'gentle soul' is honoured as her grieving mum shares a symbolic gesture and the community prepares to hold a candlelight vigil

A community grieving the devastating loss of Pheobe Bishop have organised a fundraiser in her memory as her heartbroken mum makes a symbolic gesture. Queensland Police discovered the missing 17-year-old's remains in sprawling Good Night Scrub National Park at 2.30pm on Friday, ending the three-week search. Following the heartbreaking news, family friend Tracey Berends started a GoFundMe on Saturday in loving memory of Pheobe. 'After speaking with Pheobe's family, we have decided to honour her memory in a way that reflects the compassion and light she brought into the lives of so many,' Ms Berends wrote. 'Pheobe had a gentle soul and a generous spirit - always caring for others and standing up for what was right. 'We want her legacy to live on and by paying it forward to the amazing volunteers and community.' The donations will go towards supporting volunteer services like the SES and providing funds for the teenager's school in Bundaberg. Pheobe's mum Kylie Johnson changed her profile picture to a vigil candle with her daughter's name written on its base, surrounded by flowers and butterfly wings. She shared the fundraiser to her Facebook account on Saturday. 'This is supported by the family. Everyone is wanting to assist and this is how we can give back in honour of Phee,' she wrote. Ms Johnson previously described the discovery of her daughters remains as 'ripping her apart', has shared the fundraiser on Facebook. The GoFundMe, which was only started three hours ago at the time of publishing, has raised $1,745 of the $17,000 goal. It comes as a makeshift memorial has appeared at the ramshackle, rubbish-strewn Gin Gin home Pheobe shared with Bromley and Wood. The house has been surrounded by bouquets of flowers with a large pink teddy bear standing guard over the property. A poignant message left by one mourner read: 'Pheobe, you grew your wings too early beautiful girl. Now, you will no longer feel pain or heartache. 'You can spread your wings, and know you will be loved.' The teen's family and Gin Gin locals are preparing to honour her memory at a community ceremony tomorrow night. A candlelight vigil will be held at Kolan Community Park from 4pm. Ms Johnson has said the vigil is a way for the family to acknowledge Pheobe's impact on the community. 'Like most rural families we are resilient, proud and strong but this has brought us to our knees like no drought ever could,' she said. 'While we don't have Phee home to put to rest just yet, our community needs the healing process to start.' Pheobe went missing after she failed to board a flight at Bundaberg Airport to Brisbane and then onto Western Australia to see her boyfriend on May 15. Her luggage hasn't been found, and police say neither her phone or bank accounts have been accessed. James Wood, 34, and Tanika Bromley, 33, were both charged with murder and interfering with a corpse in relation to Pheobe's disappearance. The 17-year-old had been living with the pair at a house in Gin Gin before she vanished on May 15. They were the last people to see her alive after dropping her off at Bundaberg Airport.

Parents of British backpacker, 24, on trial for 'killing pedestrian when she ploughed into him while riding an e-scooter drunk' fly to Australia to support her
Parents of British backpacker, 24, on trial for 'killing pedestrian when she ploughed into him while riding an e-scooter drunk' fly to Australia to support her

Daily Mail​

time3 hours ago

  • Daily Mail​

Parents of British backpacker, 24, on trial for 'killing pedestrian when she ploughed into him while riding an e-scooter drunk' fly to Australia to support her

The parents of a British backpacker accused of 'killing a pedestrian after ploughing into him while riding an e-scooter drunk' have flown to Australia to support their daughter. Alicia Kemp, 24, a psychology graduate from Redditch, Worcestershire, was arrested and charged with riding the e-scooter on a footpath that fatally knocked down 51-year-old engineer Thanh Phan, 51. The father-of-two later died in hospital of brain injuries following the tragedy which occurred on May 31. Now, Kemp's anxious parents have flown to Australia to be with their daughter who is charged with dangerous driving occasioning death, the Times has reported. It comes shortly after the young backpacker was told that she could not be bailed out as she posed too great a flight risk. Kemp, who could face up to 20 years in prison, had been travelling through southeast Asia and Australia with her boyfriend on a four-month tourist visa. At the time of the tragic crash, she had been working at Durty Nelly's Irish pub. Describing herself on Linkedin as a digital nomad, Kemp had said that she was taking a 'career break' in order to travel and had also taken to social media platform TikTok to document the experience. Kemp added to the social media platform: 'I aim to immerse myself within the different cultures Asia has to offer. 'This includes working as an English second language teacher in Vietnam, in both public and private schools.' Kemp hired an e-scooter at around 8.30pm on Saturday May 31. Police told the court that she was the main driver, while her friend was a passenger. Phan was hit in the back by the scooter travelling at a speed at 15mph which prosecutors said 'careered' into his back, causing him to fall forward and hit his head. Immediately taken to the Royal Perth Hospital for surgery, Phan suffered a 'significant brain bleed' and died on Tuesday. Meanwhile, Kemp's friend, aged 26 and who has not yet been identified, suffered a fractured skull and broken nose. In a heartbreaking statement given following Phan's death, his family paid tribute to a 'beloved husband, father of two, brother, and dear friend'. The statement added: 'We received the heartbreaking news that Thanh passed away as a result of his injuries. 'We ask that the media respect the privacy of Thanh's family as they grieve their loss. 'The family has no other comment to make on the issue at this time.' The magistrate said that the significant prospect of a long prison sentence if Kemp were to be convicted means that there was a risk of her 'not returning to court to answer the charges'. They added: 'The temptation might be that (she) won't return. I can't manage that risk'. Kemp, who remains in custody, is set to appear before the court again on July 15.

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into the world of global news and events? Download our app today from your preferred app store and start exploring.
app-storeplay-store