Coroner blocked from accessing Hillcrest tragedy evidence after WorkSafe Supreme Court stoush

Charges could soon be laid over the Hillcrest jumping castle disaster that claimed the lives of six children almost two years ago.

Mourners pay tribute to the children who died in the Hillcrest tragedy. Picture: Jason Edwards

Update, October 10, 3.41pm: Charges could be laid in the coming weeks over the Hillcrest Primary School disaster that claimed the lives of six children.

Work Health and Safety Regulator Robyn Pearce announced on Tuesday that WorkSafe investigators were continuing to work closely with the Director of Public Prosecutions following the December 2021 jumping castle tragedy.

“I expect a decision will be made about whether anyone will be prosecuted in the coming weeks,” Ms Pearce said.

“I will make a further announcement at that time.”

The regulator’s words came after the Supreme Court of Tasmania ruled in favour of WorkSafe in a stoush against Coroner Olivia McTaggart.

WorkSafe had objected to handing over “crucial” evidence to the coroner - which included an engineering firm’s expert report plus interviews and written evidence from jumping castle staff and owners and Hillcrest school staff - before a deadline to lay charges lapsed in December this year.

Ms Pearce welcomed the decision not to release the documents to the coroner under a public interest immunity.

“This means that parts of the investigation are kept confidential until a decision is made about whether any prosecution will take place,” she said.

She said WorkSafe had the “utmost respect” for the coronial process and continued to work with the coroner to assist her investigation, but said the court case had been necessary for the regulator to clarify its “legal duties so that justice is achieved”.

“The investigation into this incident is unprecedented in its nature and scope. My thoughts continue to be with the families and the school community,” she said.

TASMANIA, AUSTRALIA - NewsWire Photos: DECEMBER 18 2021: Former Prime Minister Scott Morrison his wife Jenny lay flowers in tribute outside Hillcrest Primary School. Picture: NCA NewsWire / Grant Viney

Initial, October 10, 11.26am: A coroner has been blocked from accessing “crucial” evidence in the Hillcrest Primary School disaster before a deadline lapses in which to lay charges.

Coroner Olivia McTaggart is due to preside over an inquest into the December 2021 tragedy that claimed the lives of six children in a devastating Devonport jumping castle tragedy.

However at a pre-inquest hearing early this year, Ms McTaggart was informed that WorkSafe Tasmania objected to handing over “crucial material” – such as engineer or geotechnical expert reports – before a prosecution deadline lapsed.

Ms McTaggart feared this would lead to massive delays in the coronial process, but WorkSafe argued handing over the evidence could compromise any potential prosecutions under work health and safety laws, or criminal charges brought by the Director of Public Prosecutions.

While the WorkSafe investigation into the tragedy is now complete, no charges have yet been laid – although the two-year deadline in which to do so lapses this December.

The conflict has played out this year in the Supreme Court of Tasmania, with WorkSafe executive director Robyn Pearce asking the court to restrain Ms McTaggart from accessing the evidence until the deadline lapsed or criminal proceedings finalised.

On Tuesday, Justice Gregory Geason handed down his judgment in favour of the workplace safety regulator.

He agreed disclosing records to the coroner at this stage could contaminate evidence gathered for potential criminal prosecutions – by alerting suspects, contaminating witnesses, or closing off potential lines of investigation.

“Experience shows that an investigative process may be compromised by the disclosure of evidence to witnesses and third parties prior to the conclusion of an investigation or before the commencement of proceedings,” Justice Geason wrote in his published reasons.

He said releasing records to the coroner at this stage could lead to public interest harm, and dismissed the coroner’s arguments that at least some – if not all – of the documents had “lost their confidential status”

The documents in question, according to the Justice Geason’s judgement, include interviews with jumping castle staff and owners, work health and safety notices to the Hillcrest principal and a teacher, and an engineer’s expert report.

Ms McTaggart previously said there was “no question” an inquest would commence as soon as any prosecution concluded.

On December 16, 2021, a Tazorb jumping castle blew away in freak winds at Hillcrest Primary School.

The tragedy claimed the lives of Chace Harrison, 11, Peter Dodt, 12, Addison Stewart, 11, Jalailah Jayne-Maree Jones, 12, Jye Sheehan, 12, and Zane Mellor, 12.

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Originally published as Coroner blocked from accessing Hillcrest tragedy evidence after WorkSafe Supreme Court stoush