Royal Adelaide Show ride tragedy: Health and safety charges laid over Adelene Leong’s death

A SAFETY inspection company and its engineer boss who cleared a Royal Adelaide Show ride on which a girl died will face a landmark health and safety prosecution — but not criminal manslaughter charges.

Police today released this photograph – selected by her mother - of Malaysian national Adelene Leong . Adelene died after falling from the Airmaxx 360 ride at the Royal Adelaide Show 2014 . Source SAPOL

A SAFETY inspection company and its engineer boss who cleared a Royal Adelaide Show ride on which a girl died will face a landmark health and safety prosecution — but not criminal manslaughter charges.

The Advertiser can reveal charges have been laid against Safe is Safe Pty Ltd and its New South Wales director, Hamish Grant Munro, 57, over the death of eight-year-old Adelene Leong in September 2014.

Charges laid by Safework SA will allege the business and Mr Munro breached health and safety laws over the inspection, and verification, of the AirMaxx 360 ride.

It will further allege an “element of reckless conduct without reasonable excuse” over the ride, which flung Adelene to her death.

The “Category 1” offence, the first to be prosecuted in SA, carries a maximum penalty of five years’ jail and a $300,000 fine for the individual, and a $1.5 million maximum fine for the business.

The parties will appear in the Industrial Magistrates Court in June.

Mr Munro, a professional amusement ride engineer with more than 30 years’ experience in Australia and New Zealand, is believed to have continued to inspect rides throughout the Wayville Showgrounds last year despite being the subject of a formal investigation.

Hamish Munro from Safe is Safe.

Mr Munro, from South Maroota, in Sydney’s northwest, last night told The Advertiser he would defend the charges and expressed remorse over Adelene’s “terrible” death.

“I want to say it is a big stretch on behalf of WorkSafe (sic),” he said. Asked why, he replied: “They make stuff up.”

He said he believed he was “innocent, because I carried out the inspections correctly and it operated safely for a couple of days”.

The case has been considered for the past eight months by director of public prosecutions Adam Kimber, SC, who decided against launching criminal proceedings, instead authorising corporate charges.

It is understood he found there was “insufficient evidence” for a manslaughter prosecution, which carries a maximum life sentence.

Sources also believe the decision came amid nervousness about the difficulty of prosecuting such a matter in light of similar cases before the state’s courts, which cannot be detailed for legal reasons.

State Government lawyers are still considering whether to prosecute the ride’s Victorian owners, who remain banned from operating the machinery.

Police and Safework SA inspectors examine the AirMaxx 360 ride.

After the tragedy, several people listed their concerns about the ride’s workers, but senior police have concluded Adelene “well and truly met” the 120cm height restriction. It is also understood employees working on the ride, introduced at the 2014 event, had been cleared of any wrongdoing.

The Advertiser revealed last July how the fatal accident prompted a safety crackdown jointly overseen by SafeWork SA and the show’s organisers, the Royal Agricultural and Horticultural Society of SA.

Adelene, who was visiting from Malaysia, died in the Women’s and Children’s Hospital after she was thrown 10m from the high-speed ride.

Her mother, who has declined to be named, has previously paid tribute to the “dear beautiful wonderful angel of my heart”.

She was unavailable for comment last night and her Adelaide-based lawyer declined to comment.

Police are also conducting an investigation and the Sturt Crime Investigation Branch has compiled a “comprehensive report” for the coroner.

Announcing the charges, Industrial Relations Minister John Rau said they followed “a comprehensive investigation” and expressed “sincere condolences” to Adelene’s family.

According to his company’s website, Mr Munro offers annual inspections for all classes of inflatables rides, mechanical devices, waterborne devices and go karts, as well as official paperwork, based on his “extensive knowledge” of the Australian standards.