Jumping castle operator Rosemary Gamble’s verdict on hold
Families of children killed during the Hillcrest tragedy have had their search for justice put on hold after a court verdict was delayed on Monday. What happens next.
Tasmania
Don't miss out on the headlines from Tasmania. Followed categories will be added to My News.
The families of the children killed and injured in the Hillcrest tragedy will have to wait until June to find out if the jumping castle operator is criminally responsible for what happened.
The matter was back in the Devonport Magistrates Court on Monday following a 10-day hearing in November.
The prosecution and defence read their sentencing submissions before Magistrate Robert Webster ahead of him handing down his decision on June 6.
“The primary reason for the delay is that I’m not available until then, nor is the court,” Magistrate Webster said.
Taz-Zorb owner Rosemary Gamble has pleaded not guilty to one count of failure to comply with health and safety duty category 2.
The charge relates to an incident at Hillcrest Primary School in Devonport on December 16, 2021.
On that day, a jumping castle operated by Ms Gamble became airborne – rising 10m before children fell from the amusement device.
As a result of the incident, six children died.
During the November hearing, University of Tasmania climate science lecturer Nicholas Earl-Jones told the court he was “absolutely certain” that a “dust devil” was responsible for a jumping castle becoming airborne at Hillcrest Primary School in December 2021.
He described it as a “tornado-like” weather event that was hard to predict.
During his sentencing submissions on Monday, Ms Gamble’s defence lawyer, Chris Dockray, described the conditions on the day of the tragedy.
“It was a calm, usual day. This wind event appeared without warning, out of nowhere,” Mr Dockray said.
“Many have described this event as a ‘mini-tornado’. It was over in seconds.
“It was an absolutely freak event in no way foreseeable or preventable.”
Mr Dockray was highly critical of East Inflatables, the company that sold Ms Gamble the jumping castle used on the day of Hillcrest tragedy.
He outlined the email exchange between Ms Gamble and the company, in which she had difficulty ordering the castle, and described how the inflatable came with only four pegs and no operation manual.
“What your honour should find is that the business of East Inflatables modus operandi was to pray on people like Ms Gamble, unsophisticated people …. with sweet lies and deception about their business.”
The prosecution argued throughout the hearing that Ms Gamble should have used eight pegs on the jumping castle on the day of the Hillcrest tragedy instead of four.
“Failure to anchor has always been the base of the state’s case against Ms Gamble,” Prosecutor Madeleine Wilson said.
“The absence of enough pegs provided pathways for air to enter and get under the mattress of the castle and lift the device into the air.”
Ms Wilson said Ms Gamble should have sought more information on properly setting up the jumping castle when it came without an operating manual.
“Rather than look at what happened that day, we should ask, if the defendant was to set the jumping castle up tomorrow, what steps would she be expected to take to prevent it becoming airborne and children falling.”
Once the criminal case against Ms Gamble concludes, it is expected that a coronial inquest into the Hillcrest Tragedy will begin.
More Coverage
Originally published as Jumping castle operator Rosemary Gamble’s verdict on hold
Statewide total fire ban with wild winds set to sweep through
Tired firefighters are bracing for more dangerous fire conditions after a total bushfire ban has been announced for Tasmania.
Read more
‘Learning curve’: TSO goes digital
The TSO is regarded as one of the leading small orchestras in the world. Read how musicians are embracing new technology.
Read more