A SHOCK update in a horror rollercoaster crash has revealed the ride operators were not responsible for the accident.
Shylah Rodden was left brain damaged after being hit by the Rebel Coaster in Melbourne, Australia, in 2022.
The 26-year-old was dragged 30ft and thrown into the air when she was allegedly trying to retrieve a dropped mobile phone from the tracks.
Two years on, work safety watchdog WorkSafe Victoria has ditched its plans to press charges against the operators, DailyMail Australia reported.
A WorkSafe spokesperson said on Monday: “After careful consideration of the evidence, WorkSafe has determined not to take further action against any duty holder on this matter at this time.”
Any unfavourable discovery against the ride operators and show organisers could have allowed Ms Rodden to pursue a civil action against them.
It comes as a major blow to Ms Rodden’s family, who have been responsible for her care full time since her discharge from the hospital.
Lawyers tasked with determining whether any charges may be effectively pursued in court are said to have final say over the matter.
Under assigned authority, WorkSafe’s Executive Director of Health and Safety decides whether to file charges and does so after consulting with legal counsel.
Worksafe inspectors conducted a thorough investigation into the startling event involving the Rebel Coaster attraction in September 2022, according to sources who spoke with Daily Mail Australia.
Most of the probe focused on finding out if there had been any violations of the Occupational Health and Safety Act.
A source close to investigation told DailyMail: “Enforcement decisions must take into account WorkSafe’s General Prosecution Guidelines, which require consideration of the available evidence, the particular elements that must be proved in order for a prosecution to succeed, and the evidentiary burden that applies in criminal proceedings.”
WorkSafe’s inquiry found insufficient evidence to establish any OHS breaches beyond a reasonable doubt.
The safety watchdog has two years under Victorian law to file charges against businesses and individuals it feels have violated the strict workplace standards of the state.
Although the toxicology report’s findings at the time of the tragedy were never made public, police sources speculated that Ms. Rodden might have been under the influence of medication.
But another reliable source claimed that the reason which had caused Ms. Rodden to jump into the tracks was irrelevant to the investigation.
WorkSafe’s probe appears to have been centred solely on the actions of the ride’s operators when Ms Rodden stepped onto the tracks.
The source said: “Her toxicity levels are not relevant to the investigation into whether the duty holder was doing everything reasonably practicable to provide a safe and healthy workplace.”
On the day Ms Rodden was injured, she had been working at a friend’s stall at the show and decided to go on a few rides during her break.
It’s understood she dropped her phone while on the Rebel Rollercoaster and walked back on the tracks to retrieve it.
Ms Rodden was said to have been dragged nine metres into the air before she plunged to the ground in front of horrified visitors.
The ride was deemed “safe” to re-open just two days after the accident – a decision that her family slammed as “shameful”.
Show spokeswoman Katie Scanlan said in a statement: “The safety and well-being of our visitors to the show continues to be our number one priority.
“Strict safety protocols are upheld in line with Victorian WorkSafe regulations.
“All rides on site have undergone stringent compliance inspections and have passed all the required safety documentation.”
Shylah’s father Alan Rodden told the Daily Mail Australia at the time that his daughter sustained life-changing injuries and was left brain damaged.
“Obviously I can’t talk to my daughter. She’s going to be in a coma for quite a while,” he said.
“The injuries are horrific. Horrific. She’s brain damaged. It’s pelvic, her arms, legs, back, neck – there’s hardly a thing that’s not broken. I just can’t work out how the hell so much damage has been done.
“‘Even the doctors have said they haven’t seen anything as bad as this for a long time.”
In January of last year, Shylah was finally discharged from the hospital and moved into her family’s Craigieburn home in a significant milestone in her recovery.
However, a legal representative of the family claimed that Ms Rodden would never fully recover.
“Whilst this indicates that her condition has stabilised, the injuries she has sustained remain life-changing,” the statement said at the time.
