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Operator of Jumping Castle Seeks Legal Fees After Tragedy

UPDATE: The operator of the tragic jumping castle incident at Hillcrest Primary School in Devonport, Tasmania, is now seeking state coverage for her legal costs, despite not having incurred any personal expenses for her legal defense. This development comes following a devastating event in December 2021, where six children lost their lives due to a “dust devil” that lifted the inflatable equipment during end-of-year celebrations.

Rosemary Gamble, aged 53, who runs Taz-Zorb, was found not guilty in June of failing to comply with workplace health and safety regulations. The ruling stated that while she could have anchored the castle more securely, the unpredictable wind conditions rendered any precautions ineffective. Ms. Gamble has filed an application for legal costs, arguing that there were flaws in the prosecution’s case and emphasizing her cooperation throughout the investigation.

At a hearing on Monday in Hobart Magistrates Court, Ms. Gamble expressed her ongoing distress from the incident, stating that she continues to suffer from insomnia, anxiety, and social withdrawal. She claimed that media “harassment” started immediately after the tragedy, with reporters knocking on her door the next day, leading to a persistent fear of public confrontation.

Her lawyer, Chris Dockray, highlighted the severe online trolling and public vitriol directed at Ms. Gamble, exacerbated by the criminal proceedings. He argued that the emotional toll of the situation has been substantial, affecting her mental health and daily life. Ms. Gamble revealed that her legal fees are currently covered by insurance, and she is uncertain about the total cost, speculating it could reach into the millions.

The court proceedings revealed that under Tasmania’s laws, individuals cleared of criminal charges may apply for reasonable legal costs at the court’s discretion. Crown lawyer Madeleine Wilson noted that it is unlikely insurers would seek reimbursement from Ms. Gamble due to her lack of assets, as she currently resides in a housing department property with minimal income.

Mr. Dockray contended that significant flaws existed in the crown’s case, particularly in their reliance on expert testimony from an inflatables expert and mechanical engineer. However, Ms. Wilson countered that the focus should remain on the testing of these expert opinions rather than the surrounding media frenzy.

Magistrate Robert Webster will announce his decision on Ms. Gamble’s application for costs at a later date. Meanwhile, a memorial is under construction in Devonport to honor the six young victims: Chace Harrison, Jalailah Jayne-Maree Jones, Zane Mellor, Addison Stewart, Jye Sheehan, and Peter Dodt.

As this story develops, it underscores the profound emotional impact of the tragic event on both the affected families and Ms. Gamble, who continues to navigate the aftermath of this heartbreaking incident. For those in need of support, Lifeline is available at 13 11 14 and Kids Helpline at 1800 55 1800 for individuals aged 5 to 25.

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