Inquest into Hillcrest jumping castle tragedy hits major roadblock as WorkSafe refuses to release evidence

The mother of one of the six children whose lives were taken in the Hillcrest jumping castle tragedy says she supports WorkSafe’s decision to delay releasing evidence to the coroner.

Mourners pay tribute to the children who died after gust of wind swept away a jumping castle at Hillcrest Primary School Devonport Tasmania. Picture: Jason Edwards

UPDATE, Thursday, February 23:

THE mother of one of the six children whose lives were taken in the Hillcrest jumping castle tragedy says she supports WorkSafe’s decision to delay releasing evidence to the coroner.

Georgie Burt’s 12-year-old son Zane Mellor — along with Jalailah Jayne-Marie Jones, Addison Stewart, Jye Sheehan, Peter Dodt and Chace Harrison — died after a freak gust of wind thrust a jumping castle 10 metres into the air at the Devonport school in December 2021.

Zane Mellor, one of the students who died in the Hillcrest jumping castle tragedy.

On Tuesday, Coroner Olivia McTaggart heard the regulator had refused to hand over crucial evidence, such as engineer or geotechnical expert reports, to the coroner because doing so could “compromise any potential prosecutions”.

While the issue will be challenged at a Supreme Court hearing in April, the refusal to hand over key evidence could delay a coronial inquest by months, or even years.

“Although the delay is frustrating to families, I personally support Worksafe’s decision to be meticulous in the investigation into my son Zane’s, and the other children’s deaths and injuries,” Ms Burt said.

“All families want this matter dealt with thoroughly.”

Georgie at an AFL tribute match with a photo of her son Zane. Picture: Helen Kempton.

Tuesday, February 21:

Heartbroken families grieving the six children killed in the Hillcrest jumping castle tragedy could now be forced to wait months – or even years – for a coronial inquest to determine exactly what went wrong.

In an unexpected turn of events, WorkSafe Tasmania has refused to hand over crucial evidence, such as engineer or geotechnical expert reports, to the coroner.

The workplace safety regulator has argued that doing so could “compromise any potential prosecutions” under work health and safety laws - and will fight the issue at an upcoming Supreme Court stoush on April 5.

On December 16, 2021, six children died when a jumping castle was thrust into the air by a freak gust of wind at Hillcrest Primary School in Devonport.

At a pre-inquest administrative hearing on Tuesday, Coroner Olivia McTaggart heard Tasmania Police was given authorisation to enter WorkSafe Tasmania and take copies of relevant evidence - but WorkSafe argued the documents were protected from release.

People gather in Market Square in December 2022 for the one-year commemoration of the Hillcrest Primary School tragedy. Picture: Grant Viney

“In the absence of that material, the coronial investigation cannot progress nor the inquest commence,” counsel assisting the coroner, Leigh Mackey, said.

She asked for the coronial case to adjourn until after the case is heard in the Supreme Court, on April 5.

Lawyer Sam Thompson, representing WorkSafe, explained there was a two-year time limit in which criminal charges could be laid - meaning any decision to prosecute must be made by December this year.

Mr Thompson said the material in question was currently with the Director of Public Prosecutions to make that determination.

No charges have yet been laid.

Ms McTaggart acknowledged the regulator – WorkSafe – had made a claim to withhold disclosure “despite what I saw as a collaborative process”.

She said there was “no point in making any further directions”, telling families in the rear of the court she’d attempt to expedite the inquest.

“You would appreciate that unfortunately WorkSafe has chosen to take action to at this stage prevent disclosure of crucial material that I need to progress the inquest,” she said.

Ms McTaggart explained the WorkSafe reports were crucially important in helping explain the cause of the six tragic deaths.

Mourners pay tribute to the children who died after gust of wind swept away a jumping castle at Hillcrest Primary School Devonport Tasmania. Picture: Jason Edwards

“There is little point getting everyone back again until this crucial issue is resolved,” she said.

The coroner added there was “no question” the inquest could commence as soon as any prosecution concluded.

In a statement released after the hearing, WorkSafe said it had worked closely with the coroner but was concerned that disclosing certain information could compromise any potential prosecutions.

Work Health and Safety Regulator Robyn Pearce said WorkSafe’s investigation file, containing about 40,000 documents, was currently sitting with the Director of Public Prosecutions.

She said the investigation was unprecedented in its nature and scope.

“While a decision is yet to be made on whether there will be any prosecutions as a result of what happened at Hillcrest, it has not been common in Tasmania for an inquest to precede a prosecution,” she said.

“We have the utmost respect for the coronial process and by commencing this proceeding we hope to clarify our legal duties so that justice is achieved.”

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Originally published as Inquest into Hillcrest jumping castle tragedy hits major roadblock as WorkSafe refuses to release evidence