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Hillcrest jumping castle operator cleared
Hillcrest jumping castle operator cleared

ABC News

time2 days ago

  • ABC News

Hillcrest jumping castle operator cleared

Samantha Donovan: In Tasmania, the families of the six children killed in the 2021 jumping castle tragedy have been shocked by a magistrate's finding the castle's operator was not guilty of a criminal offence. Rosemary Gamble had faced a charge of failing to comply with a health and safety duty. Three other children were injured when wind tossed the castle into the air at an end-of-year celebration at Hillcrest Primary School near Devonport in the states north. Bec Pridham reports. Bec Pridham: It was an emotional day in the Devonport Magistrates' Court. Three and a half years in the making. Magistrate Robert Webster delivered his verdict in the case against castle operator Taz-Zorb before a room packed with grieving family and friends of the deceased and injured. He ruled he was not satisfied beyond reasonable doubt of the company's guilt. The prosecution had argued that owner operator, Rosemary Gamble, failed to adequately secure the castle and had only pegged it down at half of the eight anchor points. But the defence had argued nothing could have changed the outcome because of the freakish nature of the wind, which an expert called a dust devil. Magistrate Webster ruled while Ms Gamble did fail in some parts of her duty, she could not have prevented the tragedy. In his ruling, he said. Magistrate Robert Webster (voiced): 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. Bec Pridham: Addressing reporters outside the court afterwards, one of Ms Gamble's lawyers, Bethan Frake, read a statement on her behalf, acknowledging the impact of the tragedy. Bethan Frake (for Rosemary Gamble): I realise these scars will remain for an extremely long time, likely forever. There are no words to describe how I have felt ever since the tragic incident took so much away from so many people and left nothing but heartbreak and emptiness in its place. I'm a mother. I can only imagine the pain that other parents are living with each and every day because of this terrible thing that happened. Their loss is something I will carry with me for the rest of my life. Bec Pridham: Families of the children who died say they're devastated by the verdict. Andrew Dodt: I've been broken for a long time and I think I'm going to be broken for a long time. Bec Pridham: That's father Andrew Dodt, whose son Peter died. Andrew Dodt: But I thank you for walking the path with us. It was a very long path and I think we've still got a long way to go. Bec Pridham: Mother Georgie Burt, whose son Zane Mellor died, says she's deeply disappointed in the Tasmanian justice system. Georgie Burt: This outcome does not reflect the weight of our loss nor the reality we live with every single day. Bec Pridham: There's still a coronial inquest to go ahead and families have also launched a class action against the state of Tasmania and Ms Gamble. Samantha Donovan: Bec Pridham reporting there.

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