Key details in Tasmania's deadly jumping castle tragedy criminal case as verdict expected

A Tasmanian magistrate is expected to hand down a verdict on Friday — years after the tragedy that left six children dead.

A woman placing a teddy bear at a memorial.

Six children died in the Hillcrest Primary School jumping castle tragedy on 16 December 2021. Source: AAP / Bianca De Marchi

Three and a half years ago, a tragedy rocked the close-knit Devonport community.

It was meant to be a day of fun at Hillcrest Primary School on the outskirts of the north-west Tasmanian city. But it quickly turned into a tragedy when a gust of wind lifted a jumping castle into the air and tossed it across the school oval on 16 December 2021.

Six children, Chace Harrison, Addison Stewart, Jye Sheehan, Zane Mellor, Jalailah Jayne-Maree Jones and Peter Dodt, died, and another three were seriously injured.

It's been four months since parents, friends and community members last sat in Devonport Magistrates Court to hear closing arguments in the criminal case.

Like all the times before, it was an emotional day — and Friday will be no different.
A composite image showing photos of two young girls and four boys.
(Left to right) (top): Addison Stewart, Jye Sheehan, Zane Mellor. (Left to right) (bottom): Jalailah Jayne-Maree Jones, Peter Dodt, Chace Harrison. The six children died in the jumping castle tragedy. Source: Supplied / Tasmania Police
They are expected to determine if Rosemary Anne Gamble, the operator of Taz-Zorb who set up the jumping castle, is guilty of a criminal offence: failing to comply with a health and safety duty.

Gamble has pleaded not guilty.

A lengthy court process

It took almost two years from the incident for Gamble to be charged, and roughly another 12 months for the matter to reach a hearing in front of Magistrate Robert Webster at Devonport Magistrates Court.

At the centre of the case is whether what happened could have been prevented.

The prosecution says the jumping castle was not adequately anchored and staff were not properly trained.

The defence counters that the freak weather event that occurred, known by some as a "dust devil", was unpredictable, and the only thing that could have prevented the tragedy was not holding the event at all.
A woman wearing sunnies and a light pink jacket over a black shirt is walking outside.
A Tasmanian magistrate is expected to rule on Friday whether Rosemary Gamble — operator of Taz-Zorb, which set up the jumping castle — is guilty of a criminal offence. Source: AAP / Ethan James
On the first day of the hearing, prosecutor Madeleine Wilson read from witness statements from some of the children who were on the school oval when the jumping castle became airborne.

Many described the event as a "mini tornado". Another said: "A gust of wind hit where I was … the gust was like a whirlwind."

"The jumping castle flew to the other side of the oval maybe 75 metres away," another witness said.

Over the course of two weeks of the hearing, the court heard from the overseas manufacturer of the jumping castle, Taz-Zorb staff, and various experts.

Wilson told the court the failure to properly anchor the jumping castle was the basis of the state's case.

"It would likely have withstood it with eight J-pegs," she said.

Wilson alleged in court the pegs securing the jumping castle were not wide enough and only half of those required were used.

In closing submissions earlier this year, defence lawyer Chris Dockray told the court it was "pure speculation" to suggest the jumping castle may have held if more pegs had been used.

"With the benefit of hindsight, could Ms Gamble have done more and taken further steps? Yes. Would it have eliminated or mitigated the risk? No. Was she in breach of her duty? No," Dockray said.

What could happen next?

Gamble won't face jail time if she is found guilty.

The charge is a category two offence under the Work Health and Safety Act.

That means the maximum penalty available is a fine: $1.5 million for a corporation, and $300,000 for an individual.

And while this case is drawing to a close, two other matters are underway.
Two people looking at a memorial with flowers, teddy bears and other items. They are beneath a sign that reads: Hillcrest Primary School.
A class action has also been launched against the state of Tasmania and Rosemary Gamble. Source: AAP / Bianca De Marchi
Coronial proceedings are expected to resume following the conclusion of the court case, but no date has yet been set.

A class action has also been launched by Maurice Blackburn Lawyers.

The case, filed in the Supreme Court of Tasmania in December last year, alleges the state — as operators of the school — and the Taz-Zorb operators owed a duty of care for the students.

It also alleges the defendants failed to take reasonable precautions to ensure the safety of the children taking part in the activities.

The lead plaintiffs are Georgina Burt and Andrew Dodt, whose children both died in the incident.


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By Kerrin Thomas
Source: SBS News


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