A carnival ride owner has refused to give evidence at a coronial inquest into the death of a young boy on the Mornington Peninsula five years ago, arguing he might incriminate himself.
Wittingslow Amusements owner Michael Wittingslow was called to answer questions about the death of six-year-old Eugene Mahauariki at an Easter carnival on the Rye foreshore in April 2017.
The boy was riding the Cha-Cha 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.
In her 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.
"Eugene was tall enough to ride without an adult, but his friend wasn't so they shouldn't have been placed together," Ms Ellyard said.
Coroner seeks clarity on who was operating Cha-Cha ride
Ms Ellyard said the inquest would try to find out exactly who was operating the ride at the time Eugene Mahauariki died.
"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," she said.
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.
Mr Wittingslow's lawyers argued the Cha-Cha's owner should be excused from the inquest because his evidence "may tend to prove he committed an offence" under workplace safety laws.
A lawyer for the boy's family urged the coroner to compel Mr 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 Mr Wittingslow's application next week.
Eugene's father describes final moments after accident
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.
"I immediately ran over and ran to my son," the statement said.
"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.
Ms 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.
"Is it appropriate for rides that would never get approved now to be permitted to operate because they were built a long time ago?" she asked.
The inquest continues.
