They were enjoying end-of-year celebrations on the Tasmanian school’s oval when a wind gust lifted the castle into the air.

Three other children were seriously injured in the accident.

Rosemary Gamble, owner of Taz-Zorb which set up the equipment, pleaded not guilty to failing to comply with a workplace health and safety duty.

She was found not guilty by Magistrate Robert Webster, who handed down his decision in Devonport Magistrates Court on Friday. 

Webster didn’t read the full decision, which is expected to be published online. 

“I found the charge is not proven. It is dismissed. Ms Gamble you are free to go,” he said.

During a 10-day hearing in November, it was claimed that Gamble used only four pegs to secure the castle, contrary to the manufacturer’s guidance which advised using eight.

Her lawyer Chris Dockray argued Gamble had been left out to dry by the castle’s Chinese manufacturer.

East Inflatables didn’t provide instructions to Gamble upon purchase and only supplied four pegs, Dockray said. 

Gamble instead downloaded a two-page manual from the company’s website, he said, which resulted in an interpretation that four pegs were sufficient.

According to court documents, seven students were on the castle when a significant weather event dislodged it.

They fell from the castle, while a blower attached to the castle to keep it inflated struck a nearby student.

While the criminal case is ongoing, inquest preparations have been put on hold, and a class action has been filed against both Gamble and the state of Tasmania.

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