WorkSafe Victoria has dropped all charges against the owner of a carnival ride that fatally flung out a six-year-old boy on Victoria's Mornington Peninsula three years ago.
Eugene Mahauariki died at the Royal Children's Hospital from head injuries four days after falling from the Cha Cha ride at the Rye foreshore 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.
Eugene'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.
The company's director, Michael Wittingslow, did not speak to the media, but indicated through his lawyer he was happy with today's outcome.
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.
"We will do everything possible to ensure they continue to get the support and care they need," the statement said.
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 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 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 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 iterations of Wittingslow Amusements since that time.
It has three arms radiating from a central column, and has four cars on each arm.
