‘It wasn’t windy’, ‘ground too hard’: boss’s partner defends ‘minimum’ jumping castle peg measures

The partner and co-worker of a jumping castle operator charged over the 2021 Hillcrest tragedy has defended ‘minimum’ pegging, citing hard ground and a lack of forecast wind.

Privacy screens set up by police after the tragedy at Hillcrest Primary School in Devonport on December 16, 2021. Picture: ABC News

A worker who pegged down a jumping castle that later became airborne, killing six children, struggled to insert pegs on an angle and installed “the minimum” because it “wasn’t windy”, a court has heard.

The Devonport Magistrates Court on Thursday heard evidence about the set-up of an inflatable jumping castle and Zorb balls at the Hillcrest Primary School in Devonport ahead of the tragedy on December 16, 2021.

Rosemary Gamble, owner of inflatables operator Taz-Zorb, has pleaded not guilty to failing to comply with a health and safety duty relating to the incident, in which a “mini-tornado” lifted the jumping castle high into the air.

Ms Gamble’s partner, Robert Monty, told the court the ground was hard at the school oval on the day, making it “pretty much impossible” for himself and another worker to hammer pegs in on an angle.

“It was incredibly hard to get them at any sort of angle … I had them on some sort of an angle, I think,” he said.

Mr Monty confirmed only four pegs were used that day, despite eight sometimes being used and being available, and despite the jumping castle having eight anchor points for pegs.

“It was a nice day and I was under the impression that four (pegs) was the minimum,” Mr Monty told the court.

While eight had been used on some previous occasions, only four were used at the school’s “big day in” event because “it wasn’t windy on that day”.

Devastated police officers at the scene of the jumping castle tragedy at Hillcrest Primary School in Devonport, on December 16, 2021. PICTURE: Monte Bovill, ABC News

Mr Monty, whose evidence at times drew tears and angry outbursts from the families of the children who died, confirmed no risk assessment was conducted before setting up that day. “There was just no time,” he said.

He and Ms Gamble were “self-taught” in how to set up the jumping castle. “We did a lot of YouTube videos (and) watching other people,” he said.

Mr Monty told the court he and Ms Gamble would check weather apps before setting up the jumping castle and not operate when the wind exceeded a certain level.

He had previously used a wind meter when operating the inflatables but had found it unreliable in converting miles to kilometres. “I threw it out later on,” he said.

Hillcrest jumping castle owner Rosemary Gamble, right, walking into Devonport Magistrates Court. Picture - Matthew Denholm

Asked by prosecutor Madeleine Wilson SC why he had not replaced the wind meter, Mr Monty said he was “trying to source another one at the time”.

However, he suggested he had been finding it hard to choose one. “Do you buy expensive, cheap … you just don’t know,” he told the court.

Asked if anyone had checked the equipment before its use that day, he replied that it would have been checked when it was last taken down.

When the sudden wind event, also described as a dust devil or whirly-whirly, occurred, a Zorb ball got “ripped” from his hand. “I looked up and the castle was in the air … it swirled,” he said.

Ms Gamble’s other employee, Jesse Barrett, told the court it was either her or Mr Monty who directed him to use four pegs that day.

He remembered suddenly seeing the castle about 10 metres above the ground. “I looked at Rosemary or Bobbie (Mr Monty) to see if it was real and then we just started running after it,” Mr Barrett said. “It touched the ground for a split-second and that’s when the kids fell out. We just ran to the kids.”

Ms Gamble is charged with a “category two” offence under Tasmania’s Work Health and Safety Act, carrying fines of up to $1.5m for a company and $300,000 for an individual acting as a business.

The case continues.