The operator of a jumping castle company has been found not guilty of workplace safety breaches over the Hillcrest Primary School tragedy that killed six children.
Magistrate Robert Webster delivered his verdict at Devonport Magistrates Court on Friday morning, finding the charge against Rosemary Anne Gamble was “not proven”.
Families of the victims were visibly distressed in the courtroom as the decision was announced.
Georgie Burt, who lost her son Zane Mellor in the tragedy, became emotional and shouted at Gamble.
“I hope you see them every time I miss a birthday, miss a Christmas,” she said. “You were f—ing reckless, I hope it haunts you.”
A different relative said the court’s decision was “disgusting” when leaving the courthouse. “Someone has to be found responsible,” they said.
Gamble, owner of Taz-Zorb, had been charged with failing to comply with health and safety duties over the December 16, 2021 incident.
Six children died when a wind gust lifted the jumping castle into the air during end-of-year celebrations at the Devonport school. Three others were seriously injured.
The prosecution argued Gamble used only four pegs to anchor the castle instead of the required eight and that the pegs didn’t meet Australian standards.
The defence maintained the freak weather event was unprecedented and unavoidable.
Magistrate Webster, in his published 130-page decision, wrote that the incident might have been impossible to prevent.
“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,” Webster said.
“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. In those circumstances I find the charge is not proved. It is therefore dismissed.”
Gamble had pleaded not guilty following a two-week hearing in November 2024.
A coronial inquest is expected to follow, while a separate civil class action is already before the Supreme Court.
“I want to say that I accept how deeply and tragically this incident impacted so many people and families. I realise those scars will remain for an extremely long time, likely forever,” Gamble said in a statement shortly after the verdict was delivered.
“There are no words to describe how I have felt ever since that tragic incident took so much away from so many people and left nothing but heartbreak and emptiness in its place.”
“I am a mother. I can only imagine the pain that other parents are living with each and every day because of this terrible thing that happened. Their loss is something I will carry with me for the rest of my life.”
“Every moment that goes by I wish this tragedy never occurred and that the families that were torn apart were still whole.”
“There is not a moment that goes by where I don’t feel so terrible and painfully sorry to every single one of those people who were impacted and continue to grieve for their loved ones.”
“I don’t ask for people’s understanding. I accept that people will feel anger and animosity toward me. I know there is nothing I can ever do which will change that.”
“I never meant for something like this to happen. And I am just so sorry that it did.”
