More than three and a half years since the horrific drowning of six children in Devonport, Tasmania. Now, the criminal case against Taz-Zorb operator Rosemary Anne Gamble is nearing its conclusion and a verdict may not be far away. On an almost indescribably tragic day, one unforeseen wind gust tossed their bouncy castle, Taz-Zorb, into an event for colleges. This terrible crash resulted in the deaths of six children—Chace Harrison, Addison Stewart, Jye Sheehan, Zane Mellor, Jalailah Jayne-Maree Jones and Peter Dodt. Furthermore, five children suffered severe injuries from the collision.
Gamble now faces a felony charge for not fulfilling his responsibility to keep a healthy and safe work environment. This type of violation is considered a category two offense under the Work Health and Safety Act. If convicted, she faces a maximum penalty of $300,000 as an individual in fines. Should she be considered a corporation, the penalty might increase to $1.5 million. Indeed, the charges are unbelievably serious, and yet Gamble has entered a not guilty plea.
The trial ran for 10 days at the Devonport Magistrates Court. A federal magistrate, Robert Webster, is expected to issue a decision in the near future. The full court heard testimony from more than a dozen witnesses. This included the international manufacturer of the jumping castle as well as numerous specialists in safety standards. In other evidence presented, it was claimed that Gamble only used half the required amount of pegs to anchor the jumping castle. They contended that the pegs did not have a sufficiently wide base to withstand the wind conditions that day. This lack of width led to an effective death spiral.
Defense attorney Chris Dockray argued that punishing Gamble with such conjecture was unfair. He stated, “With the benefit of hindsight, could Ms Gamble have done more and taken further steps? Yes. Would it have eliminated or mitigated the risk? No. Was she in breach of her duty? No.” This post demonstrates that the basic precautions taken by the agency were poorly conceived and inadequate. Even with stricter measures enacted, they likely would not have stopped the massacre.
Gamble herself expressed her belief that with proper anchoring, “the jumping castle would likely have withstood it with eight J-pegs.” As we reported last month, the community and the world have their eyes glued to this case. It raises new alarm bells over the safety regulation of amusement devices.
Even though the incident took place in early 2021, the investigation into the incident took nearly two years before charges were filed against Gamble. In the wake of this tragedy, Maurice Blackburn Lawyers have filed a class action lawsuit. They’re not looking for handouts, but they are looking for justice and compensation for the often impoverished families of victims.
