Dad speaks out in wake of grandstand collapse, court case

A SHOAL Point dad vividly recalls his "guts churning" moments before he and his young family plunged 3m through a dodgy grandstand at a Mackay region speedway.

BACK AT IT: Jason McKinlay of Shoal Point spoke out after himself and three of his children fell through a grandstand which collapsed at Macs Speedway, Palmyra. Picture: Luke Mortimer

EXCLUSIVE: A SHOAL Point dad vividly recalls his "guts churning" moments before he and his young family plunged three metres through a dodgy grandstand at a Mackay region speedway.

Jason McKinlay visibly struggled while telling his story to The Daily Mercury - almost two years after the rusty structure at Macs Speedway gave way, following a distinctive cracking sound.

Mr McKinlay, now 40, his teenage daughter Kirralee, 16, and two younger children, who are now aged nine and eleven, were sent careening onto an embankment at the Palmyra venue on Saturday, May 21, 2016.

Chaos ensued, and despite terrible injuries including a shattered wrist, broken foot and dislocated ankle, Mr McKinlay only had one real concern at the time: his children.

Kirralee suffered a head injury and badly broken arm, which was left dangling at a sickening angle.

She promptly fainted at the sight of it.

The situation continued to escalate, however, as Mr McKinlay's son and younger daughter remained out of sight.

Mr McKinlay attempted to get up to launch a hasty search, but his badly damaged leg gave way from underneath him.

Eventually, amidst the crowds exacerbating the confusing situation, witnesses who rushed to help did find the two missing children.

Mr McKinlay's younger daughter was covered in scratches and bruises, but thankfully avoided more serious injury.

While his son "must bounce", Mr McKinlay said, explaining the young fellow somehow escaped with just a few bumps and the like.

Jason McKinlay pictured in hospital after the grandstand collapse at Macs Speedway on May 21, 2016. Picture: Contributed

Though, the little boy took quite a while to shake a fear he developed of man-made wooden structures - which even prevented him venturing out on jetties by the water.

Mr McKinlay, a long-time Mackay resident and leading hand at Mackay Regional Council, has spoken out about his family's experience following a recent court decision against speedway operator RobnJosh Pty Ltd.

The company copped a $60,000 fine (with no conviction recorded) in Mackay Magistrates Court on April 13 after a guilty plea was entered for failing to comply with its health and safety duty, after a long-running investigation by Workplace Health and Safety.

Now, Mr McKinlay has obtained representation from Maurice Blackburn Lawyers and is seeking compensation for himself and his teenage daughter through civil action.

He spent more than a week in hospital, six months rehabilitating and out of work and about 12 months restricted to light duties after the collapse, which occurred on the family's first ever visit to the speedway.

Mr McKinlay's mother had to pitch in for months, helping to keep the family together at what was a "very stressful" time.

"We walked into the place, were finding a place to sit, the kids mentioned they wanted to sit on the grandstand, going on dusk," Mr McKinlay said.

"There was plenty of people already on the grandstand at this stage. There was a bit of barricading around the front, which I thought was just to stop people going over the front area ... there was a little bit of a drop-off at the front. I didn't realise, in hindsight, it may have been to stop people getting on there.

"There was actually kids on the grandstand doing cartwheels and stuff like that.

"We'd made ourselves quite comfy up there. We watched one race. After that first race it was lightly drizzling and then a heavier shower and at this stage most of the (people in the) front grassed area started moving on to the grandstand to try and take cover ... there was quite a lot of people by the time the accident happened.

"It was a surreal type experience, because I hear this big 'crash bang' and just felt my guts churning up. I'm sort of looking around, thinking something is happening, then 'oh s---, it's happening here'. I remember a sort of slow motion, surreal, I was twisted over ... I didn't have any clue, I could just see things falling down everywhere around us.

"I've hit the ground and started rolling down an embankment. I wondered whether the whole grandstand has collapsed, whether everyone was like me."

Mr McKinlay's injuries prompted his son to exclaim at the time "I don't want you to die, Dad".

Of course, Mr McKinlay did not die, but did end up sucking on a green whistle (painkiller delivery system) in the back of an ambulance, grimacing in pain as the adrenaline wore off.

Almost two years on, Mr McKinlay said he remains "angry and frustrated" after a long road to recovery for himself and his daughter, which included surgeries.

Maurice Blackburn Lawyers Mackay senior associate Cyndel Spiteri said Mr McKinlay will be seeking a "substantial amount" in compensation, through public liability insurance.

However, it's "early days" and that sum was still being calculated, as the case moves forward "expeditiously".

Ms Spiteri also took the opportunity to warn Mackay businesses about the importance of complying with safety legislation put in place to protect the community.

Macs Speedway was contacted for comment, but no reply was forthcoming.

Originally published as Dad speaks out in wake of grandstand collapse, court case