Dreamworld Thunder River Rapids disaster: Owner fined $3.6m

Dreamworld’s owner has been fined $3.6 million for its negligence in the lead-up to the Thunder River Rapids tragedy, with a magistrate slamming its “grossly below standard” safety measures before disaster struck.

“I COULDN’T find mummy.”

Those are the four haunting words a hysterical Ebony Turner, just 12, kept repeating hours after being on the Thunder River Rapids Rides at Dreamworld which killed her mother Kate Goodchild, uncle Luke Dorsett and his partner Roozi Araghi.

A fourth woman, New Zealand-born Cindy Low, was also killed.

Ms Low’s son Keiran, who was 10 at the time, was also on the ride and escaped uninjured.

Ms Goodchild and Mr Dorsett’s mother Kim Dorsett - accompanied by Ebony - told the Southport Magistrates Court on Monday how she vividly remembers her granddaughter repeating those words while hysterical at the Coomera police station following the tragedy.

“These words have become a recurring nightmare. Words that will be with me until I too take my last breath,” she said.

Dreamworld tragedy victims Kate Goodchild, Luke Dorsett, Roozi Araghi and Cindy Low. Picture: Supplied

Ms Dorsett and Ebony, now 16, were in court yesterday to see Ardent Leisure be fined $3.6 million for three counts of breaching health and safety duty.

Ms Dorsett gave a moving victim impact statement about how she had tried to move on from the tragedy which occurred about 2pm on October 25, 2016.

“Grief is a lonely village to live in, it only takes a short breath of time for the phone to stop ringing, people to stop visiting and friends and family to move on,” she said.

Ms Dorsett told the court since the tragedy she had slipped into depression, suffered anxiety and panic attacks, had a constant need to know where exits were and avoided going out in public.

“I cry for my children, my lost children every day,” she said.

“There are days you just can’t face the day and get out of bed. These bad days continue until today.”

Ms Dorsett said each morning brought disappointment and smile.

“Disappointment that I have woken to face another day in this hell and realising that I am now one day closer to being with them again,” she said.

CORONER’S FINDINGS ON THUNDER RIVER RAPIDS DISASTER

Kim Dorsett and Ebony Turner arriving for the Dreamworld sentencing at Southport Court. Picture: Glenn Hampson.

She said a side effect of the grief was that people seemed to avoid here now.

“I live life as if I’m on spin cycle in a washing machine and if I stop to take a breath I also have to face the fact that this has happened and I will never hold, kiss or disagree with my children again,” she said.

“Loneliness and grief is all I see in my future and I never did anything wrong.”

The grandmother said she found it difficult to put into words what she was feeling.

“A broken heart has no words,” she said.

The remaining family members who wished to view the proceedings watched via videolinks from their respective homes.

Prosecutor Aaron Guilfoyle read the victim impact statements of Ms Low’s brother Michael Cook, aunt Helen Cook and mother-in-law Dianne Bond.

“I am now an empty shell of my former self,” Mr Cook wrote.

“I don’t feel happiness or excitement and feel no joy in my life.

“I have been made afraid of large machinery and rusty buildings bring back all the horrible memories of my sisters last horrific moments.”

Ms Cook wrote that the family felt the loss of Ms Low to the point of physical pain.

“Torn hearts, jagged glass penetrating our souls and an impenetrable darkness of the mind haunt us all,” she said.

Dreamworld’s legal team arriving for the sentencing hearing at Southport Court. Picture: Glenn Hampson.

DREAMWORLD HIT BY SHAREHOLDER CLASS ACTION LINKED TO TRAGEDY

Ms Cook also made reference to Keiran’s horrific experience.

“What you can’t possibly understand is the terror experienced by her son or the extreme misery felt by her daughter who we know will both grieve and grieve again into adulthood,” she wrote.

Ms Cook also spoke about the pain the family was experiencing.

“It’s the memories that we won’t have which hurt … no more love and laughter, no more arguments, no more achievements, no more failures,” she wrote.

“Her future has been taken from us, we lost the most precious thing in the world, we can’t replace that.

After sentencing Ms Low’s husband Matt Low released a statement on behalf of his family.

“Our hearts ache daily at the loss of Cindy, as we try with varying success to be grateful for the time we had together, creating wonderful memories,” they wrote.

“She just made our lives better.

“She embraced us and her love of life was so unconditional. She has a heart of a tiger, fierce and protective.”

The family said the time between the inquest had been heartbreaking and that the sentence “would not fill the gap which has been left in our lives”.

“We accept today’s sentencing determination just as we did support the Coroner’s referral of

Dreamworld’s parent company, Ardent Leisure, for possible prosecution,” they said.

“It is clear that ride maintenance, safety and emergency procedures, must be an absolute

priority for Dreamworld’s parent company and that they should be held to the highest

standards to ensure nothing of this sort can ever happen again.”

Kim Dorsett arriving for the Dreamworld sentencing at Southport Court. Picture: Glenn Hampson.

THE SENTENCING

FOR minimal cost and minimal effort Dreamworld could have taken steps to improve safety and prevent the Thunder River Rapids Ride tragedy, a court has found.

Magistrate Pamela Dowse on Monday fined Dreamworld parent company Ardent Leisure $3.6 million in relation to the October 25, 2016 disaster.

The maximum fine available was $4.5 million.

Four people – Kate Goodchild, Luke Dorsett, Roozi Araghi and Cindy Low – lost their lives when a pump stopped working on the Thunder River Rapids Ride for the third time just after 2pm almost four years age.

The water levels dropped and a raft became stuck on a conveyor belt.

That raft was hit by another carrying Mr Dorsett, his sister Ms Goodchild, her daughter Ebony, Mr Araghi, Ms Low and her son, Keiran, 10.

The raft flipped to a vertical position. Ms Goodchild and Mr Dorsett were shaken out of the raft and fell in to the conveyor.

Ebony was held in her seat by a velcro seatbelt.

Mr Araghi and Ms Low also died. Keiran was able to escape uninjured.

Magistrate Dowse said the found there were steps which Ardent Leisure could have taken to lessen and minimise the risk of injuring or killing someone.

“The steps were not that complex or burdensome and only were mildly inconvenient or really were inexpensive,” she said.

The court found that some of the measures were as simple as labelling the emergency stop button clearly.

17 YEARS OF WARNINGS IGNORED BY DREAMWORLD

Other measures which should have been taken was modifications to ensure rafts could not get stuck in the conveyor, installing an emergency stop button on the control panel, providing adequate training, including emergency drills, to staff, giving clear directions to staff and having clear procedures in place.

Magistrate Dowse also found little was done to ensure safety after empty rafts collided on the ride in 2001.

“The failures of the defendant were not momentary, nor were they confined to a discrete safety obligation,” she said.

“They encompassed failures in each of the following the provision of maintenance in safe plant and structures, the provision of maintenance of safe systems of work, the provision of information, training and instruction to staff.”

Magistrate Dowse said the steps taken by Ardent Leisure prior to the tragedy were “grossly below the standards rightly expected of it”.

She said the park was the “most iconic theme park in the country”.

“Complete and blind trust was placed in the defendant by every guest who rode the Thunder River Rapids Ride and those guests were extremely vulnerable,” she said.

Magistrate Dowse recorded a conviction against Ardent Leisure. The company has a month to pay the fine.

Defence barrister Bruce Hodgkinson opened his submissions with an apology from Ardent Leisure to the families of the four who died.

“Ardent expresses its deepest sympathies to the immediate families and also apologises to those who have been impacted by the tragedy,” he said.

An apology was also offered to first responders, those working there and anyone who suffered after the tragedy.

Mr Hodgkinson said the park had undergone a number of “leanings” since the tragedy.

He said a number of changes had happened including a complete park audit, decommissioning the ride and emergency procedures.

“Ardent accepts the responsibility for this tragedy,” he said.

He said the company had a commitment to learn from the tragedy.

The road to sentencing has been long. In 2018 an inquest into the disaster began and was held for more than six weeks in four blocks of sittings.

In February this year Coroner James McDougall handed down his findings and recommended the matter be referred to the Office of Industrial Relations.

On July 20, the OIR pressed charges against the theme park giant. Two days later Ardent Leisure indicated in a letter they would plead guilty.

DREAMWORLD’S APOLOGY

Ardent Leisure Theme Parks CEO John Osborne, speaking outside court after the sentencing:

“I wanted to be here today to say that Ardent Leisure apologies unreservedly for the past circumstances and failures at Dreamworld that resulted in the tragic loss of four lives and for the ongoing impact that this terrible tragedy has had on so many people.

On behalf of the Ardent board and the new Dreamworld leadership team I would also like to express our deepest sympathies to the families and friends of Roozi Araghi, Luke Dorsett, Kate Goodchild and Cindy Low for their enormous loss.

It is impossible to comprehend how the families feel and it was heartbreaking to hear their statements today.

My thoughts and prayers are with them.

Ardent accepts responsibility for this tragedy and fully accepts the court’s decision.

There has been considerable change at Dreamworld as was acknowledged by the coroner in his report.

This change driven by the new leadership team has resulted in a complete overhaul of Dreamworld’s safety systems which has lead to enhancements to existing safety systems and practices and the adoption of new ones.

The construction of the memorial garden that was announced in February was put on hold due to the COVID-19 pandemic and this project will recommence in the next few months following consultation with immediate family members.

I sincerely hope that now that prosecution has been finalised this will go someway towards furthering the healing process for family members and all those that have been hurt so deeply by this tragedy.