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An amusement ride owner has refused to give evidence at a Coronial Inquest into the death of a six-year-old at a carnival on the Mornington Peninsula five years ago, arguing that he might incriminate himself.

Eugene Mahauariki died after falling from Wittingslow Amusements' Cha-Cha ride at an Easter carnival ride at Rye in April 2017. The boy was on the ride alongside another six-year-old when he was flung out of his seat and fell to the ground.

He suffered severe head injuries and died in hospital several days later.

Called to answer questions about the boy's death at a Victorian Coroner's Court inquiry, Wittingslow Amusements owner Michael Wittingslow declined to answer, with his lawyer saying he should be excused from the inquest because his evidence "may tend to prove he committed an offence" under workplace safety laws.

Earlier, in an opening address, Counsel assisting the Coroner, Rachel Ellyard, said the Inquest would examine whether the ride was being operated safely on the day of the accident.

She told the Inquest there would be evidence Eugene and his friend should not have been allowed to sit together on the ride, stating "Eugene was tall enough to ride without an adult, but his friend wasn't so they shouldn't have been placed together."

Ellyard said the inquest would try to find out exactly who was operating the ride at the time Eugene Mahauariki died, noting "on the present state of the evidence there is some confusion about who that was and there are a few different people that might have been."

The Court heard there would also be evidence a Wittingslow Amusements employee was holding out a stuffed toy and encouraging children on the ride to grab it as they whizzed by.

With Wittingslow's lawyers arguing the Cha-Cha's owner should be excused from the inquest, a lawyer for the boy's family urged the coroner to compel Wittingslow to take the stand, arguing he could provide critical information on safety standards and the training of staff who operated the ride.

Coroner Sarah Gebert will rule on Wittingslow's application next week.

Eugene's father Stacey Mahauariki wept as he gave evidence about his son's death.

He was a Wittingslow Amusements employee and was working at the Rye carnival on the day of his son's accident.

In a statement read out to the Court he said he was near the Cha-Cha when the accident occurred.

The statement advised "I immediately ran over and ran to my son.

"I just held him, I couldn't do much, he wasn't moving, that was the last time I held my son."

The inquest heard the Cha-Cha ride owned by Wittingslow Amusements was built in 1961 and was over 50 years old at the time of the fatality.

Ellyard told the Court the ride would not be able to be registered as a new ride today because it wouldn't meet safety standards.

WorkSafe Victoria investigation
In February 2020, WorkSafe Victoria dropped a series of charges against Wittingslow Amusements over the incident.

WorkSafe had charged Wittingslow Amusements with failing to ensure that people other than employees "were not exposed to risks to their health or safety".

In a statement after the hearing, WorkSafe said it was unable to proceed with a prosecution if it was unlikely to succeed and assistance had been provided to Eugene's family.

Wittingslow Entertainment Services found guilty in South Australia's Industrial Relations Court
In 2003, Wittingslow Entertainment Services was found guilty of 40 charges of failing to protect the public and its workers in connection with the September 2000 collapse of its Spin Dragon ride at the Royal Adelaide Show which injured 37 people.

Investigators found that 44 of the 48 bolts which held the ride's carriage to its two lifting arms had either failed, loosened or had been undone completely. The bolts sheered off from the ride, causing the passenger platform to break free from its mountings and crash to the ground.

At the of the Court case in August 2003, Industrial Relations Court Magistrate Richard Hardy said that the collapse would not have happened had the ride been properly maintained and inspected, advising "had appropriate attention been devoted to the security of the bolts in question at the interval recommended by the manufacturer ... the accident on September 2, 2000 would not have occurred."

Hardy found the company guilty of 33 counts of failing to take adequate steps to avoid risk to members of the public; four counts of failing to protect the safety of employees; two counts of failing to comply with the maintenance recommendations of the ride's manufacturer; and one count of failing to ensure that the ride was maintained in a safe condition.

Hardy found the company liable to pay $20,000 to each victim and $147,500 in other penalties.

However, he declined to order the company to pay given that, as of August 2003, it was insolvent.

At the time of the Court case, Wittingslow Entertainment Services was doing business as Entertainment Services International.

Images: The Cha Cha ride (top, credit: Wittingslow Amusements) and six-year-old Eugene Mahauariki died from his injuries in hospital in 2017 (below, supplied).

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