Royal Adelaide Show Airmaxx 360 owners ‘fined’ after ride death of Adelene Leong — but won’t have to pay
UPDATED: The operators of the Airmaxx 360 show ride would have faced almost $180,000 in penalties over the tragic death of little Adelene Leong.
- Owners of Airmaxx 360 ride devastated and facing financial ruin
- Adelene Leong’s mother details her heartbreak
- C, J & Sons Amusements Pty Ltd plead guilty
THE OPERATORS of the Airmaxx 360 show ride would have faced almost $180,000 in penalties over the tragic death of little Adelene Leong.
But the “financially ruined” company and a co-director will now pay just $840 — $27 less than motorists would be slugged for speeding between 20 and 30km over the limit.
Queensland-based company C, J & Sons Amusements Pty Ltd and co-director Jenny-Lee Sullivan were yesterday notionally fined $157,500 after being convicted of exposing Adelene, 8, to the risk of death at the 2014 Royal Adelaide Show.
Industrial Court Magistrate Michael Ardlie said the company already had debts of more than $1 million and had been “financially ruined” since the tragedy, while Ms Sullivan had a minimal income.
“Neither defendants have any prospects of paying any penalty or compensation,” he said.
He said he would have ordered the maximum $20,000 compensation if the company and Ms Sullivan had the capacity to pay it.
They will, however, pay a $420 victim of crime levy each.
The Advertiser understands Adelene’s mother, Kim Neo Ng, received a substantial compensation settlement from the show’s insurer.
But she will not receive a cent of the $20,000 compensation which Mr Ardlie said he would have ordered the company to pay if it remained solvent.
In May, the company and Ms Sullivan, 41, pleaded guilty to negligently exposing Adelene to “death or serious injury” by failing to properly maintain the show ride.
Adelene, from Malaysia, was “ejected” from her seat as her 52-year old mother watched in horror.
The company and Ms Sullivan allowed showgoers to use the ride, despite complaints and injuries at previous royal shows in Sydney and Melbourne.
Mr Ardlie said a failure to log maintenance and repair work meant the ride could not be properly scrutinised.
“There was no recording of injuries sustained by young patrons, particularly of smaller stature, at the Melbourne show and Sydney Easter show,” Mr Ardlie said.
While Adelene was 17cm above the minimum height requirement of 120cm, the court heard the owners had lowered it from 130cm without official permission.
No adequate height checks were undertaken by staff.
“Whilst there were failings on the part of the defendants mostly relating to the day-to-day operation of the Airmaxx ... these failings were not as significant as design faults,” Mr Ardlie said.
“The defendants relied upon experts to ensure that the engineering and design of the Airmaxx was safety-compliant.
“The devastating consequences, namely the death of Ms Leong witnessed by her mother, highlight the problems associated with amusement devices that for some reason do not operate in a safe manner.
“Such devices operate at extremes of speed and height and if something goes wrong, consequences are usually catastrophic.”
Despite detailed and lengthy investigations by police and SafeWork SA, no cause could be determined that proved why Adelene was flung up to 10m from a carriage of the ride. Adelene was alone in the carriage and among seven patrons on the ride, since sold to a British firm.