Jumping castle tragedy operator chases legal money
The operator of the jumping castle at the center of a school tragedy wants the state to cover his legal costs, even though he hasn’t paid any lawyers.
In December 2021, six children died after a “dust devil” levitated a goal and several inflatable balls during end-of-year celebrations at Hillcrest Primary School in Devonport, Tasmania.
Rosemary Gamble, the operator of Taz-Zorb who installed the equipment, was found not guilty of failing to comply with a health and safety duty at work in June.
The judge ruled that Ms Gamble could have done more to anchor the castle, but even if she had done so it would not have made a difference to the outcome because the wind was impossible to predict.
The 53-year-old applied for legal costs on a number of grounds, including flaws in the prosecution and allegations of co-operation during investigations.
Ms Gamble’s lawyer, Chris Dockray, also argued that she had been subjected to further insults and harassment as a result of the criminal proceedings.
At a hearing in Hobart Magistrates’ Court on Monday, Ms Gamble said the “harassment” in the media began with journalists knocking on her door the day after the incident.
He told the court he still feared being harmed or confronted by the media or the public.
The court was told he has suffered insomnia, nightmares, anxiety and social withdrawal since the incident.
Mr Dockray said Ms Gamble had been “trolled” online during the hearing and had been the subject of a road rage incident.
Under questioning by crown barrister Madeleine Wilson, Ms Gamble said her legal costs were covered by insurance and she had not made any payments to date.
Ms Gamble said her legal team had “no idea” about the price tag.
When asked if the bill was in the millions of dollars, he said, “I think so too, but I don’t know.”
Ms. Gamble said she would likely be represented by the same lawyers in the investigation and in a civil lawsuit filed by affected families.
He acknowledged that he had received exceptional legal support, including from the highly experienced Mr Dockray.
Under Tasmanian law, a person discharged from a criminal case may be awarded fair and reasonable legal costs at the discretion of the court.
Ms. Wilson said it was unlikely insurance companies would go after Ms. Gamble for repayment because she had no assets.
Ms Gamble was living in a housing department property without any significant income, the court was told.
Mr Dockray said there was a fundamental flaw in the crown case in that it relied on the evidence of an inflatable expert and mechanical engineer.
Ms Wilson said the hearing was about testing expert opinions in court.
Ms. Wilson added that the media attention and harsh backlash Ms. Gamble faced was primarily due to “moral recrimination” rather than legal action.
“While I sympathize with Ms. Gamble and the impact it has had on her personally, this is not an issue related to the cost issue,” he said.
Judge Robert Webster will announce his decision on the application at a later date.
A memorial is being built in Devonport to Chace Harrison, Jalailah Jayne-Maree Jones, Zane Mellor, Addison Stewart, Jye Sheehan and Peter Dodt.
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