Safety errors on Royal Adelaide Show ride Airmaxx 360, which killed Adelene Leong, SafeworkSA alleges

A SAFETY inspection company and its engineer boss failed to protect Royal Adelaide Showgoers amid a series of blunders that caused a little girl’s 2014 death on a new high-speed ride, prosecutors allege.

• Girl died after being flung from Royal Show ride
• Show patrons’ grief as memorial grows for Adelene
• Show visitors tell of problems with Airmaxx 360

A SAFETY inspection company and its engineer boss failed to protect Royal Adelaide Show thrill seekers from danger amid a series of blunders which caused a little girl’s death on a new high-speed ride, prosecutors allege.

Safe is Safe Pty Ltd, and its Queensland director, Hamish Grant Munro, 57, are facing a landmark health and safety prosecution over the death of eight-year-old Adelene Leong in September 2014.

The last photo taken of Adelene Leong, who died after falling from the Airmaxx 360 ride at the 2014 Royal Adelaide Pic: SA Police

The Advertiser can today reveal the allegations against the business and Mr Munro — a professional amusement ride engineer with more than 30 years’ experience in Australia and New Zealand — over a flawed inspection, and verification, of the new AirMaxx 360 ride.

Industrial Magistrates Court documents lay bare several blunders that allegedly occurred in the days before Adelene was flung 10m to her death on September 12 while on holiday from Malaysia.

In their statement of summons, filed with the court, prosecutors allege Mr Munro’s inspection of the “compromised” ride failed Australian standards and breached health and safety laws.

This was because he failed to test the condition and effectiveness of the ride’s harness, safety locks and connecting pins while he did not detect its “primary lock cylinder rod was unthreaded”.

Between August 31 and September 13, 2014, he also failed to inspect for “restraint creep” — whether patrons could move while strapped in — or its proximity sensors.

He further failed to ensure that an “appropriately competent person” reviewed the ride’s electrical systems, electronics and controls, while he also did not test the device while it was operating.

Despite the various mistakes, contained in 15 separate charges, he still certified the ride for use, SafeworkSA alleges.

Police and SafeworkSA inspectors examine the seat where Adelene was sitting. Pic: Tait Schmaal

Adelene Long in a picture supplied by her mother. Pic: Channel 10

Its case, which came after director of public prosecutions Adam Kimber, SC, ruled out criminal manslaughter charges, alleges the company’s conduct “exposed” showgoers to a “risk of death or serious injury”.

The state’s safety watchdog further alleges Mr Munro was “reckless” over his inspection that failed to identify ride problems, specifically around Adelene’s seat 15 as well as the ride’s four and five seats.

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 business penalty of up to $1.5 million.

“The certification, without reasonable excuse, exposed a class of individuals to whom it owed a health and safety duty … to a risk of death or serious injury from being ejected from the device while it was in operation,” prosecutors conclude.

After Adelene died, an impromptu memorial grew near the site of her fall. Pic: Mark Brake

“ … Adelene Leong died from injuries sustained from being ejected from seat 15 of the device while it was in operation.”

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

Authorities also believe it will be difficult prosecuting such a matter in light of similar cases before the state’s courts, which cannot be detailed for legal reasons.

Police say Adelene “well and truly met” the 120cm height restriction while the ride’s employees were cleared of any wrongdoing.

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

The Airmaxx 260 in operation.

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

Mr Munro, who now lives in Townsville, has told The Advertiser he would defend the charges and expressed remorse over Adelene’s “terrible” death.

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

A first hearing before Industrial Magistrate Stephen Lieschke is scheduled next month. Adelene’s unnamed mother has not commented.

Timeline

April 2014: The Airmaxx 360 amusement device operates successfully at the Royal Easter Show in Sydney.

August 2014: The ride is operated without incident at the Royal Queensland Show in Brisbane.

September 1: Safe is Safe Pty Ltd and its director Hamish Grant Munro perform an annual in-service inspection and certification of the Airmaxx 360, introduced in Royal Adelaide Show for the first time.

Between September 4 and 13: Court documents allege Safe is Safe and Mr Munro were negligent in their duty of care to show ride goers through a series of flawed actions and blunders.

September 12: Witnesses watch in horror as eight year-old Adelene Leong is flung 10m from the high-speed ride at 12.25pm. She later dies in the Women’s and Children’s Hospital.

September 13: Airmaxx 360, which was in its first year of operation, is shut down indefinitely as SafeWork SA announced an investigation.

September 14: A second ride, Traffic Jam, was banned from operating after a toddler was photographed on ride.

September 17: Adelene’s unnamed mother pays tribute to her “little angel”.

October 18: Attorney-General John Rau urges nationwide ban of the ride.

July 28, 2015: The Advertiser reveals how fatal accident prompted a safety crackdown jointly overseen by SafeWork SA and the show’s organisers, the Royal Agricultural and Horticultural Society of SA.

September 3: The Advertiser reveals authorities believe there is enough evidence to refer the incident to the Director of Public Prosecutions Adam Kimber, QC, for potential manslaughter charges. Adelene’s mother also issues a fresh tribute and reveals her “heart still aches with excruciating pain”.

April 16, 2016: The Advertiser reveals that landmark health and charges are laid against Safe is Safe Pty Ltd and Mr Munro but not a criminal manslaughter prosecution.

Prosecution’s key points

On or about September 1, the company, as part of the conduct of its business, performed an annual in-service inspection and certification of the Airmaxx 360 amusement device ... on behalf of the business and its director, Hamish Grant Munro.

Between about September 4 and September 13, the certification, without reasonable excuse, exposed a class of individuals to whom it owed a health and safety duty … to a risk of death or serious injury from being ejected from the device while it is in operation.

They breached Australian standards by not assessing the condition and effectiveness
of the restraint harness, inspecting its primary locks, checking for any restraint
creep and determining each primary lock cylinder rod end was not unthreaded.

Failed to ensure an appropriately competent person reviewed the device’s electrical and electronic systems, particularly in relation to the condition of proximity switches … and their exposure to the elements, and to refuse to certify the device unless and until this occurred.

Did not inspect the device during operation such that Mr Munro was able to form an opinion as to the safety in operation of the device.

Failed to assess the proper operation of the controls of the device’s interlocks to ensure it could not operate if a restrain harness was not locked at the fully lowered height

Failed to refuse to certify the device until it was satisfied that the condition and effectiveness of the restrain harness did not represent a risk to the health and safety of patrons.

Source: SafeWork SA statement of summons