A company that operated a funfair was fined £30,000 today (Friday) over health and safety breaches arising from the malfunction of a ride in Co Antrim.
Several people including children were injured when the Star Flyer ride malfunctioned at the Planet Fun attraction in Carrick in July 2021.
Global Events and Attractions, which is based in Bellshill in Scotland, admitted two health and safety breaches on July 12, 2021- namely failing to ensure a safe system of work and failing to protect the health and safety of non-employees.
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Company representative Kristopher Tosh attended today's sentencing at Belfast Crown Court via a videolink.
Jeff Johnston (73) from Mill Cottage Park in Millisle was employed by Global Events to carry out health and safety inspections of the equipment.
He appeared in the dock of the court and was handed a 12-month sentence, which was suspended for two years by Judge Gordon Kerr KC.
Self-employed at the time of the offence, Johnston admitted a charge of failing to conduct his undertaking in such a way that others were not exposed to risks to their health and safety on July 14, 2021.
As he imposed the sentence and fine, Judge Kerr said: "These were members of the public who were paying for the privilege of being frightened, not paying to actually be hurt and frightened."
He added those on the ride should have expected to "enjoy the thrill while being properly protected from any danger ... and that did not happen in this case."
The court heard the PSNI, NI Ambulance Service, the Fire Service and the Health and Safety Executive were called to the Planet Fun funfair in Carrick on Saturday July 24, 2021.
Between 35 and 38 people including children were on the Star Flyer and during the course of the ride, some of the chairs swung out and impacted against the perimeter barriers.
As the ride began to elevate, some of the patrons in the chairs then hit lighting and display signs attached to the ride.
One of those on the ride later described using his feet to avoid a collision. The ride was brought to a halt and at this point some customers had to climb out of the chairs as the locked safety bar mechanisms would not release.
Several of those injured were taken to A&E.
A Crown barrister said that whilst the Star Flyer ride offered thrills and excitement, members of the public should have been able to enjoy "the element of danger" the ride offered "in a safe environment."
He added that although the injuries sustained by those using the rise were thankfully not serious, they did suffer "grave emotional trauma."
Judge Kerr said that after reading Victim Impact Statements it was clear that the incident left those affected emotionally distressed.
The Judge revealed that in one statement, a man who was on the ride said: "I will never forget what happened that day. What we went through was awful. I find it difficult even trying to put it into words.
"What started as a family fun day that summer turned into a nightmare. My physical injuries have gone but my mental injuries remain with me."
In the aftermath of the incident, the ride in question underwent an examination and after several defeats were identified, both Global Events and Attractions and Johnson were charged with Health and Safety breaches.
Judge Kerr said: "There was a lack of safety maintenance of this machine" and that documentation certifying the ride as safe was out of date.
The court heard that whilst at one stage in its history Global Events turned over £2m a year, the company is now in liquidation.
A barrister acting on behalf of Global Events and Attractions told Judge Kerr that in its 41 years in operation, the company had a clear record "despite running hundreds of machines."
Johnson's barrister said there had never been a complaint made against his client "over the entirety of his working life."
Judge Kerr said he accepted this and had taken into account several positive references as well as the pensioner's age, mental health issues and clear criminal record.
He said he had also considered Global Events and Attractions "good reputation" and lack of any previous health and safety breaches. Noting both the company and Johnson had co-operated with the investigation, Judge Kerr imposed the fine and suspended sentence.
Before leaving the dock, Johnson was warned of the consequences of re-offending over the next two years.
HSENI Inspector, Kevin Campbell said: “Funfair operators must ensure that all their attractions are properly designed, erected, and properly maintained. The employer must ensure that all their attraction attendants are correctly and appropriately trained in the safe use of the equipment.”
The investigation established that a safety inspection was completed by Mr Johnson prior to the incident. A safety inspection certificate was subsequently issued by him indicating that the ride was safe to operate, despite not having any supporting safety documentation, including a suitable design review, relevant inspection reports, and operating instructions. It was also established that he did not adequately inspect the electrical components of the attraction which were later found to have defects.
Mr Campbell added: “Engineers who undertake safety inspections must thoroughly inspect and review all safety critical aspects of the attraction before issuing a valid safety certificate.
“Funfair attractions can operate at very high speeds and forces. In this incident, the patrons were very fortunate they did not suffer any life-threatening conditions as a result of the attraction malfunctioning.
“HSENI will not hesitate to recommend the prosecution of businesses and individuals who fail to provide safe working conditions for their employees or expose members of the public to danger.”
Further information on the safe operation and management of funfair and amusement parks, including the appointment of competent engineers, can be viewed at www.hse.gov.uk/pubns/books/hsg175.htm
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