Easter Show carnival is accused of running its 'Cha Cha ride' just two days after a young boy died
- The operator of carnival ride fronting court after the fatal fall of six-year-old boy
- Paramedics were called to the carnival after incident on Easter Monday 2017
- Wittingslow Carnivals is accused of breaching workplace health and safety
An Easter show ride was allowed to reopen two days after a six-year-old boy fell to his death at a Victorian carnival.
Eugene Mahauariki's life support was switched off four days after he fell from the Cha Cha ride at the 2017 Rye Easter Carnival.
Ride operator Wittingslow Carnivals was charged with breaching workplace safety laws by failing to ensure people were not exposed to risk.
Victoria's workplace safety watchdog allowed the ride to reopen two days after the April 17 incident, Melbourne Magistrates Court was told on Wednesday.
Eugene Mahauariki's life support was switched off four days after he fell from the Cha Cha ride at the 2017 Rye Easter Carnival
Paramedics rushed to the scene on Easter Monday 2017 after the boy fell from the ride and he was transported to Royal Children's Hospital
The Cha Cha can still be operated, but is not currently in use.
Eugene was the son of a Wittingslow employee and seated on the ride next to another six-year-old when he slipped out from underneath the lap bar, according to a prosecution summary.
Seatbelts were fitted to the Cha Cha after the boy fell and before WorkSafe issued an improvement notice seven months later.
The ride was then shut down again and dismantled, with further modifications made before it was allowed to operate again.
It was certified by an engineer before the 2017 accident, the court was told.
Acting for WorkSafe, Andrew Palmer QC said he was not alleging the ride had breached national standards.
Seatbelts were fitted to the Cha Cha after the boy fell and before WorkSafe issued an improvement notice seven months later
Ride operator Wittingslow Carnivals was charged with breaching workplace health and dafety standards
'The design of the restraints was flawed because they permitted, in our case, a rider, Mr Mahauariki, to slip out and be ejected from the ride,' Mr Palmer said.
He said the ride should have had seatbelts fitted at the time of the accident.
The committal hearing, which will determine whether Wittingslow stands trial, continues.
Wittingslow Carnivals Pty Ltd were charged by Worksafe Victoria in 2018 over the incident for breaching workplace laws after endangering people because of health and safety risks.
Paramedics rushed to the scene on Easter Monday 2017 after the boy fell from the ride.
He was transported to Royal Children's Hospital.
In 2017, his grieving parents, father Stacey and mother Tammy, described him as a 'happy kind and caring boy' who 'loved nothing more than to dance'.
'While our hearts are broken, it is important to us that Eugene is remembered as we knew and loved him,' they said in a statement.
'Eugene was loved by so many people and he brought us, his brother and four sisters, extended family, friends and community so much joy and happiness in his short life.'
'He was an energetic boy and he loved nothing more than playing with his siblings and his beloved two dogs.'
'We could not have been more proud of him and cannot imagine our world without him.'
'We want to thank the staff at The Royal Children's Hospital who have cared for Eugene and thank everyone who has supported us over the past week.'
In 2017, his grieving parents, father Stacey and mother Tammy, described him as a 'happy kind and caring boy' who 'loved nothing more than to dance'