Hillcrest jumping castle not-guilty verdict sparks grief and anger

Australia Broadcast Center

18 hours ago

A tense atmosphere quickly settled over the Devonport court as Magistrate Robert Webster announced Rosemary Gamble was not guilty in the only criminal case to come from the Hillcrest Primary School tragedy.
But, just as quickly, the tension was broken as one of the parents of the victims began yelling at Ms Gamble and sharing her disappointment in the verdict.
For the past three and a half years, her grief has been shared by the parents of five other children who died, and three others who were seriously injured in the tragedy on the Hillcrest Primary School oval in north-west Tasmania on December 16, 2021.
Zane Mellor, Peter Dodt, Jalailah Jayne-Maree Jones, Addison Stewart, Jye Sheehan and Chace Harrison died and three of their classmates were seriously injured when a dust devil tossed a jumping castle across the school's oval.
Almost two years later, Ms Gamble was charged with failing in her work health and safety duty as the operator of the jumping castle.
The children's parents and family members began streaming out of the courtroom, very few not visibly crying or distressed, after what had been a relatively, and surprisingly, quick court appearance.
After a two-week hearing in November last year, and a full day of submissions by the lawyers in February, Magistrate Webster spoke for fewer than five minutes before court was adjourned.
The Devonport Magistrates Court had opened at 9am on Friday and quickly filled with family members, lawyers, security and enough media for one guard to declare it a "full house" as she stared around the packed foyer.
Given what was about to happen inside, many may have preferred to stay out if it was not such a frigid, overcast morning.
And then courtroom one was opened and those waiting began filing in, ready for Magistrate Webster to appear at 10am.
However, he appeared only on screen from Hobart, as he told the court he had a full list to attend to after delivering his verdict, which he did quickly.
He explained that he would not read it out in full, as it was 130 pages, but that it would be provided for the parties and published on the Magistrates Court website.
But, he said, the charge was not proven and the case was dismissed.
"You are free to go," he said to Ms Gamble.
Ms Gamble did not leave the courtroom for another 20 minutes, allowing the family members and members of the public to leave ahead of her.
The family members were ushered into a private room, leaving many of the rest of those in attendance standing around, unsure how to process what had just happened, or what to do next.
Two golden retrievers — assistance dogs — were brought into the courthouse for "anyone who needed it", and some of those present quickly took advantage while waiting for whatever happened next.
When Ms Gamble did leave the courthouse she stood in front of a large scrum of media and appeared distraught outside the streetside entrance as her lawyer Bethan Frake read from a prepared statement on her behalf.
"I don't ask for people's understanding," she said.
"I accept that people will feel anger and animosity toward me. I know there is nothing I can ever do which will change that.
She took no questions, and as she walked to a waiting car her partner Robert Monte said: "Come on guys, give it a break."
A short time later, two of the victims' parents appeared on the other side of the courthouse and gave statements to the media.
Andrew Dodt, Peter's father, said his hopes were "shattered" in the wake of the ruling.
His voice broke as he spoke about his son, who would have turned 16 later this year.
Through tears Georgie Burt, the mother of Zane Mellor, said she was "deeply disappointed in the Tasmanian justice system".
"This outcome does not reflect the weight of our loss, nor the reality we live with every single day," she said.
Sometime during that somewhat frantic, frigid hour Magistrate Webster's ruling was published online.
As he had told the court, it was "not short".
Throughout the 130-page decision he detailed the bulk of the evidence the court had heard throughout the 10-day hearing.
He discussed the expert evidence of climatologist Nicholas Earl Jones, who said he was "absolutely certain" the tragedy was the result of a dust devil, which was "essentially impossible to predict".
During the hearing, Magistrate Webster said it was up to him to decide how many pegs had been supplied by East Inflatables, as conflicting evidence was presented to the court, and that there were issues with the company's credibility.
"In spite of East Inflatables claim that it 'usually' supplied eight pegs, with this model of inflatable device, it produced no record or proof that in fact occurred," Magistrate Webster said.
"The absence of that evidence … result in a finding that only four non-compliant pegs were delivered to Ms Gamble with the jumping castle."
During the hearing, Professor Eager said even if eight pegs had been supplied and used by Ms Gamble, the result would have been the same.
"Eight pegs wouldn't have done it, 12 pegs wouldn't have done it, 16 pegs wouldn't have done it, 20 pegs wouldn't have done it," Professor Eager said.
Ultimately, Magistrate Webster found that it was possible that Professor Eager's opinion was correct.
"As the [Director of Public Prosecutions] properly conceded the dust devil was unforeseen and unforeseeable," he wrote.
"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."
The charge under the Work Health and Safety Act 2012, a category 2 offence of failing to comply with her work health safety duty, specified that a person commits a category 2 offence if:
Magistrate Webster found that parts (a) and (b) were proven, but he was not convinced beyond reasonable doubt of part (c).
"The evidence does not permit me to exclude, as a reasonable hypothesis, the possibility that Professor Eager's opinion is correct," he said.
"I am therefore required to find a reasonable doubt as to the guilt of Ms Gamble.
This is the end of the criminal case.
However, it is expected a coronial inquest will be carried out. And the families, represented by law firm Maurice Blackburn, have also filed a civil class action in the Supreme Court of Tasmania.
Principal lawyer Dimi Ioannou said today's outcome was "disappointing" and the families would push for a public coronial inquest.
"They want to see people be held accountable for this awful tragedy that's occurred," she said.
In a statement on Facebook, the day after losing a no-confidence vote, Premier Jeremy Rockliff said "today politics must be put aside".
"We will never forget the precious lives taken and those injured, as we collectively wrap our arms around everyone who have lost so much."