‘Hope you see them every time I miss a birthday’; courtroom erupts over not guilty verdict

A mother of one of the children killed in the Hillcrest jumping castle tragedy has broken down in court, yelling at the Taz-Zorb owner over the loss of her child. Watch her statement outside of court.

The distraught mother of a Hillcrest Primary School victim launched an explosive courtroom tirade in Devonport on Friday, after the jumping castle operator charged over the 2021 tragedy was found not guilty of criminal neglect.

After Magistrate Robert Webster told the packed courtroom he was not satisfied beyond reasonable doubt of Taz-Zorb owner Rosemary Gamble’s guilt, Georgie Burt, the mother of Zane Mellor yelled at the defendant: “I hope you see them every time I miss a birthday, miss a Christmas.”

“You were f...ing reckless.”

Hillcrest Primary School jumping castle tragedy verdict. Mother of victim Zane Mellor Georgie Burt addresses the media alongside family outside the Devonport Magistrates Court. Picture: Brodie Weeding

Ms Gamble had pleaded not guilty to failing to comply with a health and safety duty relating to the tragedy that unfolded in the state’s North West on the morning of December 16, 2021.

Chace Harrison and Addison Stewart, both 11, and Peter Dodt, Jalailah Jayne-Maree Jones, Jye Sheehan, and Zane Mellor, all 12, died when the jumping castle they were playing on flew 10 metres into the air after being pushed by a sudden gust of wind.

Other children suffered significant injuries in the tragedy, with inflatable Zorb balls also becoming airborne at the school event.

During a 10-day hearing which began in November last year, prosecutors alleged Ms Gamble had staked the castle to the ground at only four of its eight anchorage points, using steel pegs that did not meet relevant Australian standards.

But Ms Gamble’s defence team told the court she only received four pegs when purchasing the blow-up structure from Chinese manufacturer East Inflatables Manufacturing Company Ltd in late 2015.

Chris Dockray SC said nothing could have prevented the Crayon Playland jumping castle being lifted into the air, by what witnesses described as a “mini-tornado”.

Hillcrest Primary School jumping castle tragedy verdict. Lawyer Chris Dockray representing Rosemary Gamble arrives at the Devonport Magistrates Court. Picture: Brodie Weeding

On Friday morning, Magistrate Webster said he was not satisfied beyond reasonable doubt of Ms Gamble’s negligence, stating the charge had not been proven by the prosecution.

“Ms Gamble, you are now free to go,” Mr Webster told the defendant.

In an emotional statement delivered outside court, Ms Burt said the verdict failed to recognise the impact the unspeakable tragedy had wrought on grieving relatives, and a devastated community.

Flanked by supporters, Ms Burt said there was “a profound gap” between what the families say happened on the fateful day, and what the justice system was prepared to acknowledge.

“This outcome does not reflect the weight of our loss, nor the reality we live with every single day,” she said.

“When a system fails to deliver accountability for the deaths and injuries of children, it doesn’t just fail our families, it fails justice itself.”

Shortly after the verdict was handed down, Ms Gamble made her own appearance outside court, where friend, Bethan Frake, read a statement on her behalf.

Ms Frake told a large media contingent – many of whom had flown from the mainland for the verdict – that there had not been a moment since the incident that Ms Gamble had not wished that the tragedy had never occurred.

Hillcrest Primary School jumping castle tragedy verdict. Owner of the jumping castle operator Taz-Zorb, Rosemary Gamble, outside Devonport Magistrates Court. Picture: Brodie Weeding

“There is not a moment that goes by where I don’t feel so terribly, painfully sorry to every single one of those people who are impacted and continue to grieve for their loved ones,” Ms Frake read.

“I don’t ask for people’s understanding. I accept that people will feel anger and animosity towards me.

“I never meant for anything like this to happen, and I’m just so sorry that it did.”

Andrew Dodt, who lost his son, Peter, in the school ground tragedy that occurred just a week before Christmas, said Hillcrest families felt let down by the verdict, but expressed hope that an upcoming coronial inquest into the fatal incident would help offer closure.

“I’ve been broken for a long time, and I think I’m going to be broken for a long time more,” Mr Dodt said.

“I really don’t know how I feel, I don’t know what to say.

“It was a very long path, and I think we’ve still got a long way to go.

“At the end of the day, all I wanted was an apology for my son not coming home, and I’m never going to get it.

“And that kills me.”

On Friday, Tasmanian Premier Jeremy Rockliff said he was putting politics aside to support the Devonport community.

Hillcrest Primary School jumping castle tragedy verdict. Andrew Dodt after the verdict outside the Devonport Magistrates court. His son Peter Dodt died in the tragedy. Picture: Brodie Weeding

“Another heart-wrenching day, as we relive the trauma of the Hillcrest tragedy,” he said.

“We will never forget the precious lives taken and those injured, as we collectively wrap our arms around everyone who has lost so much.”

Last year, law firm Maurice Blackburn announced it had launched a Supreme Court class action against the State of Tasmania and the operators of Taz-Zorb on behalf of the injured victims, families and witnesses of the Hillcrest incident.

In his publicised reasons, Magistrate Webster found the tragic incident occurred due to an unprecedented weather system, namely a dust devil, which had been “impossible to predict”.

“As the DPP properly conceded, the dust devil was unforeseen and unforeseeable,” Mr Webster said.

“I am satisfied Ms Gamble had a health and safety duty under … the Act and in some respects she failed to comply with that duty.

Hillcrest Primary School jumping castle tragedy verdict. A relative of victim Zane Mellor. Picture: Brodie Weeding

“However I am not satisfied … those failures were a substantial or significant cause of the children being exposed to the risk of serious injury or death.

“Ms Gamble could have done more or taken further steps however given the effects of the unforeseen and unforeseeable dust devil, had she done so, that would sadly have made no difference to the ultimate outcome.

“Accordingly, I am not satisfied beyond reasonable doubt of Ms Gamble’s guilt to the charge in the complaint which has been filed against her.”