3 days ago
Hillcrest families react to court decision
Nick Grimm: It was a tragedy at an end of year school celebration that devastated a small Tasmanian community. The deaths of six children in a jumping castle accident four years ago saw the operator criminally charged with failing to comply with a health and safety duty. Today, a court in Devonport has found the operator not guilty. Reporter Manika Champ has been at the courthouse. Manika, just remind us about the background to this case and the changes that have already been implemented.
Manika Champ: Well, Nick, it was obviously, as you mentioned, an incident that shocked the nation. So it was December 16 in 2021 and the kids were all celebrating at an end of year celebration. It was a day that was supposed to be a lot of fun. Jumping castles, Zorb balls, all set up on the school oval. And now it was a sunny day and there wasn't actually much wind around at all. But we heard that there was a really freak wind gust that blew the jumping castle into the air and sent it across to the other side of the school oval. And as a result of that, six children died and three were seriously injured. Now, after this incident unfolded, WorkSafe investigated and then they brought charges against the jumping castles operator, who was Rosemary Anne Gamble, trading as Tas-Zorb. So she was charged with failing to comply with her health and safety duty. Now, she pleaded not guilty to that charge. And in November last year, she faced a two week hearing in the Magistrates Court here in Devonport. During that hearing, the prosecutors alleged that Ms Gamble didn't adequately anchor the castle. We heard that there were eight tether points and she only tethered it and pegged it to the ground at four of those eight points. But the defence argues that the wind gust was so unpredictable and out of the blue that no amount of pegs would have prevented what happened. So after this tragedy did unfold, the Tasmanian government quickly banned the use of jumping castles at all Tasmanian education department facilities. So from the date of this tragedy, no jumping castles have been able to be used at any Tasmanian school.
Nick Grimm: So what has the court determined today?
Manika Champ: So today Magistrate Robert Webster handed down his decision. Now, he ruled that he was not satisfied beyond reasonable doubt that the charge against Ms Gamble had been proven. She was told that you're free to go and effectively found not guilty of that health and safety charge. And he wrote that the incident may have been unavoidable and he said that 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.
Nick Grimm: So what sort of reaction has there been to the determination?
Manika Champ: As you can imagine, Nick, emotions have been running incredibly high here in Devonport this morning. There were at least a dozen family members inside the court when this decision was handed down. Georgie Birch, the mother of Zane, who died in the tragedy, said she was deeply disappointed in the Tasmanian justice system. Andrew Dodt, the father of Peter Dodt, also spoke outside court.
Andrew Dodt: I've been broken for a long time and I think I'm going to be broken for a lot more. 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. I think our hopes are just shattered now, at the end of the day all I wanted was an apology for my son not coming home and I'm never going to get it and that kills me.
Manika Champ: And Nick, that was Andrew Dodt, the father of Peter Dodt, who died in the Hillcrest Primary School tragedy. And as you can hear, those emotions were running incredibly high. Ms Gamble did also speak outside court after the verdict was handed down, where she spoke through a lawyer. In that statement, she said, I am a mother. I can only imagine the pain that other parents are living with each and every day. Every moment that goes by, I wish this tragedy never occurred and that the families that were torn apart were still whole. And of course, even though this is the end of the criminal case, we still have a lot more in this Hillcrest Primary School tragedy to come. So there will be a coronial inquest and we're expecting that we'll find out very shortly when that will proceed. There will also be a class action, which has already begun, and that is against the Tasmanian government, the Education Department and also the castle's operator, Ms Gamble. So this is the end of one part of this tragedy. It is still going to be a lot more to come from it.
Nick Grimm: Manika Champ reporting.
