A prosecutor has told the High Court that an Occupational Health and Safety inspector failed to properly inspect a ferris wheel before it was allowed to operate, contributing to a fatal 2023 accident.
Principal Legal Officer Sadaf Shameem, appearing before Justice Thushara Rajasinghe, argued that Ashneel Nath failed to properly carry out inspection duties before the ride was put into operation, including ensuring that operators were competent, properly trained, and licensed.
The alleged failure led to the death of a woman who fell from the ferris wheel and died. Mr Nath is charged with manslaughter arising from breach of duty.
Ms Shameem said an independent investigation identified multiple safety breaches and concluded the ride should not have been operating in its condition.
Among the alleged deficiencies were the absence of required speed limit settings, the use of unlicensed operators, and failures in maintenance and inspection procedures.
Justice Rajasinghe asked why the ride operators were not also charged, given their alleged involvement. Ms Shameem responded that police were unable to do so because the operators had fled the country.
Defence lawyer Karl Jamnadas argued that simply alleging an “omission” was insufficient and that the State must clearly particularise what the accused did or failed to do.
He also questioned missing witness statements and the investigating officer’s statement from disclosed materials, saying they were essential to the defence case.
Ms Shameem maintained that the central allegation was the accused’s failure to properly inspect and ensure the ferris wheel was safe for public use before operation.
The matter has been adjourned to July 9.
Principal Legal Officer Sadaf Shameem makes her way to the High Court in Suva. Picture: ANDREW NAIDU.
