Royal Show ride death prosecution collapses: ICAC boss Bruce Lander launches investigation into Safework SA

THE mother of a little girl flung to her death from a Royal Adelaide Show ride says it appears South Australia has failed her daughter Adelene as the state’s anti-corruption watchdog investigates a collapsed prosecution.

• 2017: Adelene Leong’s mother details ‘immeasurable grief’
• 2017: Ride owners fined, but won’t have to pay
• 2016: Owners tell of devastation after charges laid

THE mother of a little girl flung to her death from a Royal Adelaide Show ride says it appears South Australia has failed her daughter Adelene as the state’s anti-corruption watchdog investigates a collapsed prosecution.

Kim Ng, 53, is still seeking answers into eight-year-old Adelene Leong’s September 2014 death while on a dream family holiday from Malaysia, telling The Advertiser how “accountability appears to be forgotten”.

She expressed her heartbreak hours after independent Commissioner Against Corruption Bruce Lander QC on Wednesday revealed an investigation into the State Government’s health and safety watchdog and “evidence that was obtained”.

Adelene Leong died after falling from the Airmaxx 360 ride at the Royal Adelaide Show in 2014. Picture: 10 News

In a rare public statement issued two days after his office received a SafeWork SA report, Mr Lander announced the “public interest” overruled usual secrecy surrounding such inquiries.

During an Industrial Court hearing held behind closed doors on Wednesday, SafeWork SA dropped its prosecution of Safe is Safe Pty Ltd — and Queensland-based engineer director Hamish Munro — over the fatal AirMaxx 360 ride accident.

It had alleged Mr Munro — a professional amusement ride engineer with more than 30 years’ experience in Australia and New Zealand — oversaw a flawed inspection, and verification, before its first use at Wayville in 2014.

Outside court, an agency spokeswoman said: “This decision was made after new information came to light, which meant there was no longer a reasonable prospect of conviction”. SafeWork SA, the government, and Mr Lander refused to provide details, but well-placed sources suggested it could relate to claims the agency had no “powers” to investigate, which authorities allegedly knew when charges were laid in April 2016.

Paramedics at the scene after the horrific incident in 2014.

In a statement issued through her lawyer Wednesday night, Ms Ng — whose husband died four years before Adelene — called for a Coronial inquest, and a fast-tracked ICAC inquiry. “On the 12 September 2014, Adelene was tragically flung to her death from the Airmaxx ride at the Royal Adelaide Show. Today, 1329 days later, her mother is still looking for answers as to how the incident occurred. Accountability appears to be forgotten.

“It appears that the institutions of this State charged with the investigation of the incident have failed her.

“Mrs Ng calls for the Coronial Inquest, and any ICAC investigation, to be expedited so that such an incident is never allowed to reoccur.”

She has told how her daughter’s death came four years after her husband died in undisclosed circumstances, leaving her life “meaningless” and filled with “sorrow, pain, grief and loss … beyond words”.

Safework SA officers inspect the Airmaxx 360 ride. Picture: Campbell Brodie

Under state law, Mr Lander can investigate criminal corruption matters as well as cases of maladministration or misconduct in public office.

In public statements announcing maladministration or misconduct inquiries, Mr Lander usually states how he has “exercised powers under the Ombudsman’s Act”. Wednesday’s statement did not contain that phrase.

“Having regard to the public interest arising out of the SafeWork SA investigation and the fact that the prosecution was withdrawn … I felt that it was in the public interest to confirm that an investigation ... is underway,” he said.

Adelene Leong was flung to her death from the Airmaxx 360 ride at the Adelaide Show in 2014.

The Advertiser revealed in September 2015 how flawed laws hampered SafeWork SA’s investigation.

Problems centred on its “legal status” and powers to obtain evidence or compel witnesses and persons under investigation to give formal statements. Fears were raised that evidence collected by safety investigators could be deemed inadmissable, and dismissed by a judge in any court case.

An ICAC spokeswoman said: “We can make no further public statement at this time due to the fact it is an ongoing investigation. We are acting swiftly.”

The Airmaxx 360 at the Show, a day before the fatal accident.

Townsville-based Mr Munro, 59, on Wednesday wept with relief that the health and safety case was withdrawn three weeks before he and, his firm of five and half years, faced trial. “Hamish is naturally relieved with the decision, though his heart and thoughts remain firmly with the family who lost Adelene,” a statement said via his lawyers.

Attorney-General Vickie Chapman said she had “serious concerns” about SafeWork SA, which now has a new boss. She wanted answers for the family.

“This has been a case that has deeply touched, and concerned ... people,” she said.

The owners of the ride C, J & Sons Amusements Pty Ltd were last year fined $157,500 but ordered to just pay a $420 levy.