SA show ride death charges to proceed

Charges over the death of an eight-year-old girl, who was thrown from a high-speed ride at the Royal Adelaide Show, will proceed after a ruling by the South Australian Industrial Court.

Safety Inspection company Safe is Safe Ltd and its Queensland director Hamish Munro have been accused of breaching safety laws in relation to the death of Adelene Leong, who was thrown 10 metres from the Airmaxx 360 ride at the show in 2014.

The company and Mr Munro challenged the validity of the charges, arguing that their duties under health and safety provisions only existed while their inspection work was being carried out and did not extend to the consequences or product of their work.

But the Full Court of the Industrial Court on Friday rejected their argument and the case will now proceed to trial.

In its reasons, the court said the duty to ensure the health and safety of other was not limited to the period in which the safety inspection was conducted and the safety certificate issued.

It said health and safety laws were capable of imposing a duty, as far as reasonably practical, to ensure the health and safety of other people, including show patrons.

In supporting the validity of the charges last month, prosecutor Liesl Chapman SC said any contention that the inspection company and Mr Munro had no duty to ensure the safety of future patrons of the ride "can't be right and simply is not right".

"The very nature of their work was to certify this device was safe for use by others," she said.

Adelene Leong was on holiday from Malaysia at the time she died.

The Airmaxx 360 ride was making its first appearance at the Royal Adelaide Show in 2014 and featured a rotating section with multiple arms that would spin and move up and down.

It was shut down immediately after the incident.

The challenge to the validity of the charges was believed to be the first time the particular point of law had been argued.

A date for a trial is yet to be set.