Rollercoaster victim Shylah Rodden has made what her family is describing as a ‘miraculous’ recovery less than two years after the gruesome accident shocked the world.
In a photo released to Daily Mail Australia on Tuesday, Ms Rodden can be seen with a beaming smile from what appears to be an outing to a cafe.
Ms Rodden, then aged 26, suffered critical injuries after being struck by the Rebel Coaster after she walked onto the tracks to retrieve her phone at the Melbourne Royal Show.
Shocking footage of the incident was later posted to social media and became worldwide news.
In another image released by Ms Rodden’s family, Ms Rodden is seen fighting for life in hospital in the days after the September 2022 incident.
The disturbing photo shows Ms Rodden in a neck brace with a tube placed in her throat.
Various injuries to her face are also visible, including a black eye and large gash to her forehead.
The photos were released a day after Daily Mail Australia revealed WorkSafe Victoria had decided not to push forward with charges against the ride operator or the Melbourne Royal Show.
Shylah Rodden has made what her family claims is nothing short of a miraculous recovery
Shylah Rodden pictured shortly after the rollercoaster crash that ought to have claimed her life
Ms Rodden’s mum, Kylie Rodden, said her daughter, now aged 28, could walk and talk, but remained blind in her right eye and deaf in her left ear.
‘She has progressed but she still has a long way to go,’ she told the Herald Sun.
‘Sometimes she needs the support of a walking frame and a wheelchair, she can only go a limited time before she has to rest.’
The decision by WorkSafe came as a shock to Ms Rodden’s long-suffering family, who were notified of the decision by a letter.
‘I don’t know what happened, I haven’t seen any reports, so I’m not at peace with it,’ Ms Rodden said.
Arnold Thomas & Becker lawyer Sharlene Mehta, who is representing Ms Rodden’s family, told Daily Mail Australia that they were ‘understandably disappointed’ to hear that the WorkSafe investigation had been closed.
‘At this stage we have only received a letter from WorkSafe advising that their investigations are complete and that they have decided not to bring a prosecution against the ride operator,’ Ms Mehta said via a statement on Tuesday.
Ms Rodden’s family remain in the dark about the decisions that led to the near two-year investigation amounting to nothing.
‘We have not received a copy of WorkSafe’s report so we have no knowledge of what their investigations covered, or who was interviewed as part of their investigations,’ Ms Mehta stated.
Shylah Rodden was critically injured in the tragic accident in September 2022
The scars of Shylah Rodden’s accident remain visible today
Shylah Rodden hangs onto life in hospital in 2022. She is now back on her feet
It was further revealed WorkSafe did not interview Ms Rodden or any of her family members in relation to the incident.
‘We have requested a copy of the findings of the investigations, but this will take six to eight months to get to us. Until then, we have little information about their findings,’ Ms Mehta stated.
‘The letter our client received outlined the option to request that WorkSafe reconsider its decision and undertake further investigation.
‘There was no further information provided. Once we have received a copy of the WorkSafe findings, we will decide whether we wish to make such a request to WorkSafe.’
Ms Mehta said while the incident had far-reaching impacts on Ms Rodden, her hopes for the future remained positive.
‘Whilst her recovery has been miraculous, Shylah’s injuries will carry lifelong impacts,’ she stated.
It is understood the WorkSafe decision rested in the hands of lawyers tasked with assessing whether any charges could be successfully prosecuted at court.
Decisions on whether to commence a prosecution are made and authorised by WorkSafe’s Executive Director of Health and Safety, under delegated powers, and informed by legal advice.
The Royal Melbourne Show refused to comment when contacted by Daily Mail Australia on Tuesday.
Shylah Rodden (pictured) suffered ‘life-changing’ injuries after being hit by the rollercoaster
Horrifying footage shows Shylah Rodden (pictured in black) moments before being hit by the Rebel Coaster at the Melbourne Royal show
Sources told Daily Mail Australia that Worksafe officers carried out an exhaustive investigation into the incident.
Much of that investigation centered around establishing whether any duties under the Occupational Health and Safety Act had been breached.
‘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,’ a source close to the investigation said.
It is understood WorkSafe’s investigation found insufficient evidence to prove beyond reasonable doubt any breaches under the OHS Act.
Ms Rodden faces years of rehabilitation after suffering a massive brain injury when she was flung nine metres into the air by the fast-moving ride.
She was hit while trying to retrieve a mobile phone she dropped on the tracks.
Under Victorian law, WorkSafe has two years to press charges against companies and individuals it believes have broken the state’s rigid workplace laws.
While the results of that toxicology report from the time of the accident have never been made public, police sources suggested Ms Rodden may have been under the influence of some form of medication.
Shylah Rodden faces a long battle to recovery after being hit by a rollercoaster in September 2022
A Melbourne Royal Show spokeswoman claimed ‘the safety and well-being of our visitors to the show continues to be our number one priority’ (pictured, the Royal Melbourne Show)
Another well-placed source said that whatever prompted Ms Rodden to jump onto the tracks was not a concern of the safety watchdog, which was focused only on whether precautions were in place and being followed.
It is understood WorkSafe’s investigation focused on what the ride’s operators were doing when she made her way onto the tracks.
‘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,’ the source said.
A WorkSafe inspection concluded that the Rebel Coaster was ‘safe’ to re-open just days after the accident.
A Show spokeswoman, who asked not to be named, defended its safety procedures at the time of the incident.
‘The safety and well-being of our visitors to the show continues to be our number one priority,’ she said in a statement at the time.
‘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.’
Ms Rodden’s release from hospital in January last year to the family home at Craigieburn was heralded as a major step in her long road to recovery.
However, a spokesperson from her legal team said in January that year Ms Rodden would never fully recover.
‘Whilst this indicates that her condition has stabilised, the injuries she has sustained remain life-changing,’ it was stated at the time.
Her father Alan Rodden told Daily Mail Australia soon after the incident that his daughter had suffered life-changing injuries.
‘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.’
On the day she was struck by the rollercoaster, Ms Rodden had been working at a friend’s stall at the Melbourne Royal Show.
The pair had been on a break when they decided to go on a few rides to kill time.
It is understood she dropped her phone while on the rollercoaster and police believe she walked onto the tracks of the high-speed ride to retrieve the device.
Shocking footage of the incident was shared on TikTok just days after it happened.
