Movie World cleared of wrongdoing after de-scalping injury on carousel
After two days of evidence at a judge-only trial in the Southport Magistrates Court, Work Health Safety Queensland (WHSQ) withdrew its prosecution of Movie World's operator, Village Roadshow Theme Parks.
WHSQ had accused Village Roadshow of failing in its duty of care after the 12-year-old suffered an "ear-to-ear de-scalping injury" and several fractures on the Movie World's Looney Tunes carousel in April 2022.
Magistrate Lisa O'Neil was told the boy was standing on the back of the carousel's Wile E. Coyote character, instead of sitting on it, when his head went through an open aperture in the ceiling.
The court heard the boy's injuries were caused when his head was pinned between the edge of the aperture and machinery that drives the character up and down on a pole as the carousel turns.
Barrister for WHSQ, Clare O'Connor, told the court an independent safety report, provided to the theme park eight months before the accident, had identified the ceiling aperture as presenting a risk of crush injury and recommended rigid plastic brushes be installed on the opening.
"Such brushes are considered best practice and are in use at carousels at Sea World and Dream World," Ms O'Connor said.
She said the report found the ride was compliant with safety requirements, in "excellent operational condition", and its recommendation to install plastic brushes was being considered by the theme park prior to the incident.
By not installing the brushes, Village Roadshow had exposed carousel riders to a risk of injury or death, Ms O'Connor told the court.
Village Roadshow's barrister, Saul Holt, told the court the boy's actions on the carousel and his resulting injuries were "not reasonably foreseeable".
"This 12-year-old boy was described by one witness as surfing the character when his head, either deliberately or inadvertently, entered the hole in the ceiling of the ride," Mr Holt said.
Mr Holt said the carousel was immediately shut down after the incident and underwent a "hardcore engineering solution" before it was re-opened several months later.
"Once the risk was reasonably foreseeable, Village Roadshow Theme Parks made it impossible for it to occur," he said.
Movie World attraction attendant Ruby Piakura, who was operating the carousel on the day of the incident, told the court she had worked on the ride for more than six months at the time.
Ms Piakura said she had never seen a rider stand on a character before that day and had hit the emergency stop as soon as she realised something was wrong.
When asked if she had seen a rider stand on a character since, she told the court that while she continued to work at Movie World she had never returned to operate the carousel.
"I haven't wanted to go back to working on that ride," she said.
Theme park ride safety consultant David Randall wrote the report that recommended plastic brushes be installed on the carousel.
He told the court he had made the recommendation as an opportunity for improvement on the ride, not as a requirement for it to operate.
He said plastic brushes were a tactile deterrent rather than a physical barrier, meaning even if they were installed on the ride, the boy's head could still have gone through them and into the machinery above.
"I recommended the plastic brush be installed so that if a child reaches up into that area, they touch the brushes and pull their hand away," he said.
Mr Randall said even with decades of experience in safety management, he did not identify a person standing on a carousel character as a foreseeable risk.
"I was extremely surprised after the event, which is unusual for me, as I'd never considered that as an issue," he told the court.
On the third day of the trial, Ms O'Connor told Ms O'Neill the prosecution had no further evidence to offer, and asked to withdraw from the case.
"I think that is a responsible decision, given the evidence we have heard," Ms O'Neill said before she dismissed the charge against Village Roadshow Theme Parks.
The theme park operator will now make an application for WHSQ to pay its legal costs in the case.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
ABC News
15 minutes ago
- ABC News
Federal Court judges question logic of Bruce Lehrmann's legal argument in appeal against defamation ruling
Bruce Lehrmann's bid to overturn a finding that he raped his former colleague Brittany Higgins has not started smoothly, with Federal Court judges questioning the logic of his grounds of appeal. The former Liberal staffer's defamation claim against Network Ten and journalist Lisa Wilkinson failed, after Justice Michael Lee found last year, on the balance of probabilities, Mr Lehrmann had raped Ms Higgins at Parliament House in Canberra in 2019. Follow our live blog for the latest updates from the courtroom. Mr Lehrmann has now returned to the Federal Court to seek to overturn that finding, represented by his solicitor, Zali Burrows. Mr Lehrmann is being represented solely by Ms Burrows, because the court heard he was unable to afford his preferred barrister, Sydney silk Guy Reynolds. "Mr Lehrmann couldn't afford Mr Reynolds, which we really wanted, so we apologise in advance," Ms Burrows told the court. Ms Burrows conceded she was "not as prepared" as the opposing council but said "I'm just going to try and do the best I can". This morning, in spelling out the first of four grounds of appeal, Ms Burrows said Mr Lehrmann was denied procedural fairness. "The primary judge found that the rape occurred in a particular way that wasn't put to Mr Lehrmann in defence," she told the court. "He was taken by surprise as to the nature of the rape … it was pleaded as a violent rape, when His Honour [Justice Lee] found it was a non-violent rape." In response, Justice Craig Colvin, one of three judges presiding over the appeal, said, "I'm not sure that that's a concept that I understand". Justice Wigney also weighed in, pointing out that Mr Lehrmann had consistently maintained his innocence and that no sexual intercourse took place. He said it would not have made sense for Mr Lehrmann to have faced questions about the nature of an act he was denying. "He would have maintained that there was no violence, because there was no sexual intercourse," Justice Wigney said. "How could he have been questioned about the particulars?" Justice Colvin voiced his confusion. Mr Lehrmann's appeal raises questions about how the court considered the meaning of rape to the ordinary, reasonable person. Ms Burrows relied on her written submissions, which urged the court to discern a difference between the seriousness of a rape that is violent with one that is non-violent. In responding, Network Ten's lawyer Dr Matthew Collins said that argument was "obviously rooted in historical misconceptions", and that there was no coherent basis for distinguishing between the rape of a woman who is "cognitively impaired" and unable to resist, and one who is conscious. He said either scenario was a "horrid violation of bodily autonomy" and that effectively "all rape is violent". Another ground of appeal is that Mr Lehrmann was entitled to more damages than the $20,000 Justice Lee had flagged, if he had been successful in the original case. Ms Burrows said her client had "pretty much become the national joke", arguing the level of damages was insufficient. "As I've previously submitted to the court, he's probably Australia's most hated man," she said. Dr Collins disputed Ms Burrows's claims that the manner of the rape was erroneously linked to the damages Mr Lehrmann should have received, if he had won. He argued, whether or not Ms Higgins verbally refused consent, Mr Lehrmann still raped a woman he knew was "seriously intoxicated" and left her alone in the office of a federal minister. Although Ms Higgins did not name her alleged rapist in the interview with The Project, Mr Lehrmann said he was identifiable, and therefore defamed. A criminal trial over the allegation collapsed in 2022 because of juror misconduct and the charge against Mr Lehrmann was later dropped.
ABC News
15 minutes ago
- ABC News
Teen charged over Sydney underworld shooting of Dawood Zakaria, first murder charge under Taskforce Falcon
A man has been charged over the fatal shooting of a Sydney underworld figure, marking the first murder charge to come from NSW Police's mega taskforce investigating organised crime networks. Dawood Zakaria, 32, was shot multiple times inside a Toyota Hilux in May while stopped at traffic lights in Granville. Police allege that as the utility vehicle turned onto Woodville Road, the occupants of a nearby Mercedes approached the other car and fired several rounds, hitting the driver and front seat passenger. Lawyer Sylvan Singh was also shot, and two other men inside the vehicle were uninjured. On Wednesday, detectives under Taskforce Falcon executed a search warrant in Guildford and arrested a 19-year-old man. He was charged with murder and attempted murder, and other gang-related offences. Detective Superintendent Jason Box said that while police do not allege the 19-year-old was solely responsible for the shooting, his actions, pre, during and post the shooting allegedly amounted to him being a "principal" player in the slaying. Superintendent Box said it was a significant arrest for the taskforce, and investigations were still ongoing. "This was a brazen shooting at 5pm on a Sunday in the middle of Sydney ... there could have been multiple innocent victims," he said. In response to this May shooting, NSW Police had announced it would set up Taskforce Falcon to address growing fears of underworld violence in Sydney. At least 16 shootings with potential links to organised crime have occurred since the commencement of Taskforce Falcon — including one on Sunday night, with another on Wednesday morning still being investigated. When asked if NSW Police were "losing the war" when it came to organised crime in Sydney, Superintendent Box defended the force's efforts and said there had been several arrests in connection with recent violent attacks. Thirteen members of an emerging criminal network in Sydney's south-west, dubbed 'G7', were arrested and charged as part of the taskforce's investigation in recent months. It is alleged the group, made up of young men, are responsible for a string of public place shootings, home invasions and motor vehicle thefts across Sydney. The ABC understands the group do not 'play sides' and had been recruited for feuding organisations, including the notorious Alameddine crime network and Brothers 4 Life. Superintendent Box said he was not aware if the 19-year-old arrested on Wednesday morning had any connection with G7 and refused to be drawn on any other suggestions of other groups that may have played a part. Taskforce Falcon is also investigating a series of gangland attacks dating back to December last year, including the shooting murder of 31-year-old David Khau at Canley Heights.
SBS Australia
15 minutes ago
- SBS Australia
NITV Radio News - 20/08/2025
Police in Western Australia are appealing for help to identify a baby whose body was discovered in a stormwater drain in Perth's northern suburbs. Australia has been cautioned about the allure of artificial intelligence as the federal government turns to the technology in hopes of lifting weak productivity. The new Tasmanian Parliament has sat for the first time on Tuesday after an early election prompted by the collapse of the previous minority government in a vote of no confidence. That and more on NITV Radio.
