WorkSafe Victoria drops charges against owner of Rye carnival ride that caused boy's death

WorkSafe Victoria has dropped all charges against Wittingslow Amusements, the owner of a carnival ride from which six-year-old boy was fatally flung to his death three years ago.

Eugene Mahauariki died at the Royal Children's Hospital from head injuries four days after falling from the Cha Cha ride during a carnival on the Rye foreshore on Victoria's Mornington Peninsula on Easter Monday in 2017.

WorkSafe had charged Wittingslow Amusements with failing to ensure that people other than employees "were not exposed to risks to their health or safety", but today all charges were dropped in the Melbourne Magistrates' Court.

The boy's father, Stacey Mahauariki, worked at the carnival and Eugene was taking the last ride of the day with another six-year-old when he fell.

Lawyers for WorkSafe indicated social workers had been in contact with Eugene's family about the decision to withdraw charges.

Wittingslow Amusements Director, Michael Wittingslow, did not speak to the media, but, as reported by the ABC, indicated through his lawyer he was happy with the outcome of the proceedings.

In a statement after the hearing, WorkSafe said it was unable to proceed with a prosecution if it was unlikely to succeed and assistance had been provided to Eugene's family.

The statement noted "we will do everything possible to ensure they continue to get the support and care they need."

After the fatal incident, the ride was shut down for two days before Wittingslow Amusements was allowed to reopen it.

Seatbelts were also fitted to the ride.

The Cha Cha ride then operated for several months until November 2017, before WorkSafe Victoria issued the operator with an improvement notice, which caused the ride to be dismantled and fitted with longer lap bars.

At a hearing earlier this month, WorkSafe Victoria barrister Andrew Palmer QC said the prosecution's case relied on the design of the restraints being flawed, because they permitted a rider to slip out and "it was reasonably practicable to have reduced that risk by firstly having a secondary restraint system".

The court had heard that Wittingslow Amusements, once one of Australia's biggest amusement operators, had an engineer examine the ride in December 2016 but no defects were identified.

In Victoria, there is no statutory requirement for rides to be inspected, the Court heard at the earlier hearing. Instead, it is a practice undertaken by WorkSafe.

The Cha Cha ride was built in 1961 and has been owned by various Wittingslow Amusements entities since that time.

Wittingslow Entertainment Services found guilty in South Australia's Industrial Relations Court
In 2003, Wittingslow Entertainment Services was found guilty of 40 charges of failing to protect the public and its workers in connection with the September 2000 collapse of its Spin Dragon ride at the Royal Adelaide Show which injured 37 people.

Investigators found that 44 of the 48 bolts which held the ride's carriage to its two lifting arms had either failed, loosened or had been undone completely. The bolts sheered off from the ride, causing the passenger platform to break free from its mountings and crash to the ground.

At the of the Court case in August 2003, Industrial Relations Court Magistrate Richard Hardy said that the collapse would not have happened had the ride been properly maintained and inspected, advising "had appropriate attention been devoted to the security of the bolts in question at the interval recommended by the manufacturer ... the accident on September 2, 2000 would not have occurred."

Hardy found the company guilty of 33 counts of failing to take adequate steps to avoid risk to members of the public; four counts of failing to protect the safety of employees; two counts of failing to comply with the maintenance recommendations of the ride's manufacturer; and one count of failing to ensure that the ride was maintained in a safe condition.

Hardy found the company liable to pay $20,000 to each victim and $147,500 in other penalties.

However, he declined to order the company to pay given that, as of August 2003, it was insolvent.

At the time of the Court case, Wittingslow Entertainment Services was doing business as Entertainment Services International.

Image: Six-year-old Eugene Mahauariki died from his injuries in hospital in 2017 (top, supplied) and media reporting on the accident (below).