Jumping castle operator at centre of Hillcrest tragedy that killed six Tasmanian children faces court

Nov 06, 2024

By ETHAN JAMES IN HOBART FOR DAILY MAIL AUSTRALIA 03:03 05 Nov 2024, updated 04:09 05 Nov 2024

A jumping castle at the centre of a primary school tragedy that killed six children was lifted, spun around in circles and tossed 75m by a 'mini-tornado', a court has been told.

Rosemary Gamble, operator of Taz-Zorb which set up inflatable equipment at Hillcrest Primary School on December 16, 2021, is facing a court hearing after pleading not guilty to safety law breaches.

Zane Mellor, Peter Dodt, Jalailah Jayne-Maree Jones, Addison Stewart, Jye Sheehan and Chace Harrison were killed after a wind gust on the school's oval.

Three other children were seriously injured in the incident during end-of-year celebrations.

In opening submissions in Devonport Magistrates Court on Tuesday, prosecutor Madeleine Wilson said when the castle was set up, it was a dry, calm and sunny day.

Ms Wilson said the school's principal described a strong breeze coming out of nowhere which lifted the castle 3m to 5m in the air before it went 'flying' 75m to the other side of the oval.

In statements read to the court, multiple witnesses said the gust of wind was like a 'mini-tornado', with one saying the castle spun around in circles.

Several inflatable Zorb balls were lifted into the air with children inside.

A girl who was getting a drink said she heard screams and turned around to see 'everything go up into the air'. One child said she saw a friend fall to the ground.

A man living near the school said the castle was tossed around. He then heard a large bang and saw it wrapped around a tree.

All the children died after falling from a height, while Addison was struck with an electronic blower.

It is alleged Gamble did not take all reasonable steps to ensure the children weren't exposed to the risk of serious injury or death and failed to ensure the castle was properly anchored.

The castle was tethered at four of its eight anchorage points, not in line with the manufacturer's manual, Ms Wilson said.

'She had sufficient pegs to be able to do that, and it was easy to do,' Ms Wilson said.

None of the pegs met Australian standards requiring a minimum 16mm diameter, she said.

It is also alleged Gamble failed to properly train and supervise the two Taz-Zorb workers, one of them her partner, who were with her at the school.

Correct tethering would have likely prevented the anchorage failing completely, Ms Wilson said.

Gamble, who was charged in November 2023, had operated the castle at least 100 times previously at markets, fairs and schools.

Her lawyer Chris Dockray said Gamble had, prior to purchasing, obtained an assurance from the jumping castle's manufacturer that it complied with Australian standards.

The manufacturer 'supplied no manual whatsoever' but Gamble downloaded a one-and-a-half page guide from the company's website.

Mr Dockray said the instructions were ambiguous and the company only provided four stakes.

The sudden 'dust storm' could not have been anticipated and even if the castle was tethered with eight pegs the outcome would have been the same, he said.

Mr Dockray said a 13-page manual on the manufacturer's website relied on by the prosecution had gone up online after the incident.

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