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Ride death case to go to full court

AAP logoAAP 22/09/2016

Charges over the death of an eight-year-old girl thrown from a high-speed ride at the Royal Adelaide Show two years ago have been referred to the full court of the South Australian Industrial Court.

Defence counsel for safety inspection company Safe is Safe Ltd and its Queensland director Hamish Monro will seek to argue that their responsibilities to ensure the ride was safe effectively ended once they handed over the safety certificate.

They say it's a point of law that has not been previously ruled on in Australia.

Adelene Leong, who was on holiday from Malaysia, died after she was thrown 10 metres from the Airmaxx 360 ride in 2014.

In documents previously filed with the Industrial Court, prosecutors alleged the safety inspection on the Airmaxx ride failed to test the condition and effectiveness of its harness, safety locks and connecting pins.

The charges allege breaches of work, health and safety laws and have been filed as a "category 1" offence, the first such prosecution in SA, with penalties including a maximum five year jail sentence.

The Airmaxx 360 ride was making its first appearance at the Royal Adelaide Show in 2014 and featured a rotating section with multiple arms that would spin and move up and down.

It was shut down immediately after the incident.

In the Industrial Court on Thursday, magistrate Stephen Lieschke indicated he would refer the case to the full court once some minor changes were made to the wording of the application.

Prosecutors did not support the application but did not oppose it either.

Mr Lieschke adjourned the case to a date to be fixed.

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