Adelene Leong killed at Royal Show: Bungle hampers investigations

A BUREAUCRATIC bungle has hampered investigations into the horrifying death of a little girl flung from a Royal Show ride - meaning gathered evidence may never be admissable in court.

Bungle hits investigation into fatal Show ride

• Show safety crackdown a year on from death of girl
• Eight-year-old girl dies after being flung from show ride
• Tragic shadow over Show’s final day
• Memorial created for girl killed at Show

FLAWED laws involving the state’s safety watchdog have hampered the investigation into the tragic death of a little girl on a Royal Adelaide Show ride, it is understood.

A State Government review into how SafeWork SA regulates health and safety laws has exposed technical flaws in legislation that has already caused at least one workplace prosecution to collapse.

The Advertiser has been told the issues have been “screwing” with safety investigations, particularly into the death of Adelene Leong, 8, who was flung 10m from the Airmaxx 360 ride almost a year ago.

It is believed problems centre on SafeWork SA’s “legal status” as an official regulator and its powers to obtain evidence or compel witnesses — and persons under official investigation — to give formal statements.

It is understood the flaws have raised further fears that evidence collected by safety investigators could be deemed inadmissable, and dismissed by a judge in any court case.

Over the past few months, government officials, including Solicitor-General Martin Hinton, QC, have been reviewing the wording of the Work Health and Safety Act 2012.

Two girls place a toy at a memorial that show patrons created after Adelene Leong died. Picture: Mark Brake

While no formal report has been compiled, reforms are expected to be detailed in the Government Gazette today. The Government declined to comment.

It remains unclear whether any legal changes will be retrospective and it is unknown how many safety investigations may have been affected.

Officials are still working to establish whether the problems affect other government agencies.

In June, a SafeWork SA prosecution of the Education Department, in the Industrial Relations Court, collapsed on the eve of a trial after the legal issue was discovered.

The case of a groundskeeper seriously injured by a rubbish trailer at Charles Campbell High School, in Adelaide’s north east, in August 2011, was “formally withdrawn” with support of both parties.

Responsibility for SafeWork SA moved from the Department of Premier and Cabinet to the Attorney-General’s Department in July last year.

In a statement on behalf of SafeWork SA last night, Attorney-General John Rau declined to answer a series of questions about the flaws.

“It is not appropriate for me presently to canvass the issues raised by (The Advertiser) for legal reasons,” he said.

“I do expect however to be in a position to provide some information in the near future.”

The Education Department also would not comment.

Last week, The Advertiser revealed that safety investigators and detectives had determined there was enough evidence to refer Adelene’s case to the Director of Public Prosecutions.

Briefs of evidence completed by SafeWork SA and police are being considered by Adam Kimber, SC, who will decide whether to lay charges. Specific details on the case cannot be revealed for legal reasons.

Mr Kimber has declined to say whether he was considering launching an industrial manslaughter case based on a similar landmark prosecution of a trucking company boss last month.