In a verdict that has left grieving families devastated, a Tasmanian magistrate has found Rosemary Gamble not guilty of workplace safety charges in connection to the 2021 Hillcrest Primary School tragedy, where six children died after a jumping castle was lifted into the air by a freak wind event. The incident shocked the nation and triggered widespread debate on safety measures at school events.
On Friday, Magistrate Robert Webster ruled that while Gamble, owner of Taz-Zorb, did not fully meet her workplace health and safety responsibilities, her actions were not found to be a substantial or significant cause of the risk that led to the children’s deaths.
A Day of Celebration Turns to Horror
The incident occurred on December 16, 2021, during end-of-year celebrations at Hillcrest Primary School in Devonport, northern Tasmania. A sudden and violent wind gust — described in court as a “dust devil” — picked up the inflatable structure, flinging several children into the air. Six students — Chace Harrison, Jalailah Jayne-Maree Jones, Zane Mellor, Addison Stewart, Jye Sheehan and Peter Dodt — tragically lost their lives. Three other children sustained serious injuries.
According to court documents, seven children were on the inflatable at the time, and another was injured by a blower fan that detached during the incident.
Court Decision: Unforeseeable Weather the Key Factor
During the trial in Devonport Magistrates Court, Gamble pleaded not guilty to failing to comply with workplace health and safety duties. The prosecution argued she had failed to adequately anchor the inflatable structure. However, in his written judgment, Magistrate Webster said that although Gamble had not used all eight anchoring points, the extreme weather event — a rare and unpredictable dust devil — was the critical factor behind the tragedy.
“Ms Gamble could have done more,” the magistrate acknowledged. “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.”
He added that he was not satisfied that Gamble’s failures were a “substantial or significant cause” of the risk of serious injury or death. The charge was subsequently dismissed.
Emotional Fallout: Parents React with Anguish
The courtroom scene turned emotional as families of the deceased children reacted with heartbreak and fury to the verdict.
“I hope you see them every time I miss a birthday, miss a Christmas,” said Georgie Burt, mother of Zane Mellor, directing her anguish at Gamble moments after the judgment.
Outside the court, Gamble stood in tears as her lawyer read a prepared statement on her behalf. “I never meant for something like this to happen,” the statement said. “I am just so sorry that it did. 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.”
Peter Dodt’s father, Andrew Dodt, expressed his devastation: “Our hopes are just shattered now. All I wanted was an apology for my son not coming home. And I’m never going to get it — and that kills me.”
Safety Standards and Legal Complexities
The trial also explored the equipment and safety protocols used on the day of the tragedy. Gamble had used four pegs to anchor the jumping castle, although eight were required. The court heard that she had additional pegs available but opted to use only four — two of which were later deemed non-compliant with Australian safety standards.
The manufacturer of the inflatable was also criticized for supplying inadequate anchoring equipment and failing to provide a user manual. Gamble’s defense lawyer, Chris Dockray, argued that his client had been “left out to dry” by the supplier and had followed the same procedures she had used without incident on previous occasions.
Despite this, Webster ruled that even if all eight pegs had been correctly installed, they would likely not have prevented the inflatable from being lifted by such an abnormal weather event.
Inquest and Class Action to Follow
Although the criminal proceedings have concluded, the legal chapter of this tragedy is not over. A coroner’s inquest into the children’s deaths, which was paused during the trial, will now proceed. In parallel, a class action lawsuit has been filed against Gamble and the Tasmanian government.
Experts during the hearing described the weather phenomenon as a “mini tornado” — a sudden and highly localized event — and confirmed that it was nearly impossible to predict or prepare for. This factor significantly influenced the court’s decision.
A Community Still Grieving
More than three years on, the Hillcrest community continues to grapple with the impact of the tragedy. For the families of the victims, the not guilty verdict has offered no sense of closure, only renewed grief and unanswered questions.
As Tasmania prepares for the inquest and possible civil litigation, one thing remains painfully clear — six young lives were lost on a day that was meant to be filled with joy, and for many, justice still feels out of reach.
