A grief-stricken mother who fought for an inquest into the death of her youngest son on a fairground ride has called for change in the entertainment industry ‘so this doesn’t happen to another family’.
Eugene Mahauariki, 6, died in hospital four days after slipping from his seat on the Cha Cha during Rye Easter Carnival in April 2017.
A coroner found his death was preventable on Friday and recommended sweeping changes to theme park regulations.
Outside court, Eugene’s mother Tammy White cried as she remembered her “cheeky and outgoing” youngest son.
Eugene Mahauariki’s life support was turned off four days after he fell during the Cha Cha ride
“He was so loved,” she said.
“I fought for an inquest because I knew Eugene’s death was preventable, and today the coroner agreed with me.
“The coroner has recommended change for the entire entertainment industry… I hope they all adopt it so this doesn’t happen to another family.”
Her lawyer Barrie Woollacott said he hoped WorkSafe Victoria would listen to the coroner’s recommendations, adding the inquest was told it was doing the “bare minimum” of what it was supposed to do.
“Amusement park operators will always do the bare minimum, it seems,” he said.
“So the regulatory authority needs to be stronger, stricter and more demanding.”
The Cha Cha was Eugene’s favorite ride and he was in line around 5:20 PM on April 17 when the last ride was called.
At 132 cm he was tall for his age and could ride without an adult.
He was seated next to a smaller and younger child and placed in the outdoor seat intended for adults and older children, and slid into his friend as the ride began.
Because both children were small, the U-shaped bar used to restrain them did not work and Eugene slipped out from under the lap bar.
He was thrown from the carriage, fell and hit his head before landing on the ground.
The restraints designed to keep Eugene in his seat did not meet Australian standards
He was taken to hospital but could not be saved and died when his life support was turned off on April 21.
Wittingslow Amusements was prosecuted by WorkSafe for health and safety breaches, but the charges were dropped in 2020.
When an 11-day inquest was held last year, ride owner Michael Wittingslow refused to testify.
Coroner Sarah Gebert found the restraints designed to keep Eugene in his seat did not meet Australian standards.
“No doubt members of the public would have an expectation or reasonable belief that there is a system in place to ensure the safety of amusement rides in Victoria,” she said.
‘Yet this investigation showed that the Cha Cha was able to operate for years without restrictions that met Australian standards.’
She discovered that a German man who performed the ride that day had not been adequately trained or supervised, and that Mr Wittingslow did not know whether he had been trained.
She recommended a review to improve training standards and accreditation of ride operators and supervisors, including whether there should be minimum standards for training.
Carnival Ride owner Michael Wittingslow refused to testify at the inquest
Victoria should reintroduce a requirement to register amusement structures and operators, she said.
Ms Gebert said the Cha Cha, which was built in 1961, was not as tightly controlled as newer attractions.
She recommended registering new ride designs and giving WorkSafe the power to refuse or cancel an application for design registration if it believes the design posed a risk or was unsafe.
In addition, the national audit tool used by WorkSafe to inspect journeys needs to be improved for the safety of all journeys.
She raised concerns that a 2015 Queensland safety alert requiring ride owners to have safety features assessed by an engineer was not adopted by WorkSafe before Eugene’s death.
“This seems like a missed opportunity to increase rider safety for Cha Cha-type rides,” Ms. Gebert said.
The body produced an information sheet in 2018, recommending measures to reduce the risks of rides such as the Cha Cha.
A spokesperson for WorkSafe said it would consider the coroner’s findings in the coming weeks and offered support to Eugene’s family.