Rosemary Anne Gamble, the owner of Taz-Zorb, being found not guilty of breaching workplace safety laws. This decision follows an awful crash that killed six children. On 16 December 2021, a jumping castle at Hillcrest Primary School in Devonport, Tasmania, was suddenly caught up in a dust devil. The castle, Gamble’s company had established, was particularly useful at the time. A long legal ordeal that started two years after the incident saw an unusually exact ruling from magistrate Robert Webster.
During court proceedings, it was brought to light that Gamble had only anchored the jumping castle with four pegs. This was well below the eight pegs the manufacturer had suggested. Her defense maintained that the totally unforeseen weather condition was a “freak” accident not attributable to her negligence. They argued that the only way to stop this tragedy would have been for organizers to call off the event from the start. East Inflatables, the manufacturer of the jumping castle, didn’t give Gamble clear instructions as to how to anchor it down when she bought the equipment.
At the hearing, Magistrate Webster found that on *Gamble*’s part there was a failure “in many ways” of her health and safety obligations. She concluded that the unknowable nature of the dust devil rendered any additional measures taken entirely moot.
“Ms Gamble could have done more or taken further steps,” – Robert Webster
“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.” – Robert Webster
The families of the six deceased children—Chace Harrison, Addison Stewart, Jye Sheehan, Zane Mellor, Jalailah Jayne-Maree Jones, and Peter Dodt—expressed profound disappointment in the ruling. Speaking on behalf of the families of victims, Georgina Burt, whose son Zane Mellor was killed, read a powerful statement calling for responsibility.
“There is a profound gap between what we know to be true and what the system was willing to recognise today,” – Georgina Burt
“This outcome does not reflect the weight of our loss, nor the reality that we live with every day.” – Georgina Burt
“This system doesn’t just fail our families, it fails justice itself.” – Georgina Burt
Her acceptance statement, Rosemary Anne Gamble, was gruesomely aware of the far-reaching and tragic influence of the crash on so many lives. Her lawyer conveyed her sentiments in court.
“I accept how deeply and tragically this incident has impacted so many people and families,” – Rosemary Anne Gamble
Gamble’s legal odyssey eventually resulted in a 10-day hearing that followed a years-long wait since the 2014 incident. Those families are the central advocates for financial justice for the lives that they’ve lost. So they feel cheated and that the system has failed them.
“There are no words to describe how I have felt ever since the tragic incident took so much away from so many people and left nothing but heartbreak and emptiness in its place.” – Rosemary Anne Gamble
By vacating Felix’s conviction, the ruling has further undermined workplace safety regulation and accountability in cases like this tragedy. Those families are still grieving their irreplaceable losses. They live in a sort of fear of a judicial result that they’re afraid won’t recognize the depth of their suffering.
Burt’s words poignantly captured their pain and frustration.
“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.” – Georgina Burt
“I hope you see them every time I miss a birthday, miss a Christmas.” – Georgina Burt
The ruling has left many questioning the effectiveness of workplace safety regulations and accountability in such tragic circumstances. As families continue to grieve their irreplaceable losses, they are left grappling with a judicial outcome that they believe fails to reflect the severity of their loss.
