The work safety watchdog has deemed rollercoaster victim Shylah Rodden was most likely responsible for her own fate.
Ms Rodden, 26, suffered critical injuries after being struck by the Rebel Coaster at the Melbourne Royal Show in 2022 after she walked onto the tracks to retrieve her phone.
Now, Daily Mail Australia can reveal WorkSafe Victoria has abandoned plans to charge the Show or the company that operated the rollercoaster that struck her.
‘After careful consideration of the evidence, WorkSafe has determined not to take further action against any duty holder on this matter at this time,’ a Worksafe spokesperson said on Monday evening.
The revelations will come as a major blow to Ms Rodden’s long suffering family, who has been forced to care for her full-time since her release from hospital.
Any adverse finding against the operators and show organisers could have paved the way for Ms Rodden to launch civil action against them.
It is understood the 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.
Shylah Rodden was critically injured in the tragic accident in September 2022
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 Worksafe officers carried out an exhaustive investigation into the shocking incident involving the Rebel Coaster ride in September 2022.
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.
Shylah Rodden (pictured) suffered ‘life-changing’ injuries after being hit by the rollercoaster
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.
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.’
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)
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.
