Prisoners face court after planned attack on fellow inmates
ONE prisoner smeared oil on the exercise yard floor just outside his cell door to master a "cartoonish" delay to prison guards interfering with a "planned" attack on fellow prisoners.
Six other prisoners then became actively involved in the violent affray at Arthur Gorrie Correctional Centre, which resulted in injuries to correctional officers when they did gain access.
Judge Brad Farr, who sentenced all the men to varying jail terms in Brisbane District Court, said motivation for the attack was unknown but closed circuit television footage showed there had been a degree of planning.
He said one accused man tried to argue the assaults arose because one of the victims had been standing over him and intimidating him.
But Judge Farr said he did not buy that explanation because the victim had only been in the facility for one day when he was attacked in September, 2010.
He said the suggestion that the oil to make officers slip was not placed there on purpose was "quite plainly nonsense".
"It was obvious it was not spur of the moment," he said.
"I'm going to treat this behaviour as an unprovoked act of gratuitous violence."
There were 10 watchhouse officers guarding the prisoners during parts of the sentence.
One of the men, Kevin Keith Stanley, was also sentenced for hitting a fellow fisherman with an oar multiple times, once in a "golf swing" manoeuvre, at Coochin Creek, on the Sunshine Coast.
The victim suffered a 10cm by 3cm laceration on his head, skull fracture involving the eye socket, bleeding on the brain and perforated eardrum.
The injured man ended up with permanent scarring, titanium plates in his head and had to have surgery to abate fears he would develop meningitis.
Lawyers for the 24-year-old accused, whose family live near Ipswich, said the incident began as a consensual fight that went too far.
"That is an understatement of some magnitude", Judge Farr said.
"It was a cowardly cruel and vicious act."
Stanley, who pleaded guilty to grievous bodily harm, assault causing bodily harm and unlawful assembly, was sentenced to 2.5 years jail, but because he has already served 359 days, he will be released on parole next February.
Andrew Martin Kirby, 40, pleaded guilty to grievous bodily harm, assault causing bodily harm and unlawful assembly.
He threw a cup of tea at a fellow prisoner causing burns to face, then punched and kicked him on ground.
He also pushed a correctional officer to the ground and wrestled with him.
During the scuffle someone stepped on the officer's leg and broke it in three places.
He received some summary justice as security guard kicked him in face afterwards and he lost some teeth.
His full-time release date was August 18, 2019, and he would have become eligible for parole next year if not for this assault.
He was sentenced to two years and nine months in jail, to be served cumulative to his other sentence, with parole eligibility in December, 2014.
Nathaniel John Sterk, 21, pleaded guilty to assault causing bodily harm and burglary.
He was involved in the prisoner assault in jail and his fingerprints revealed he stole cash, food and a camera from house at night.
He is currently doing three years jail with a 2013 full-time release.
Another 12 months was added to the end of his sentence. He will be eligible for parole next February.
Adam Stuart Cruse, 24, had consumed a self-made intoxicating alcohol substance when he jumped a prisoner in the exercise yard.
He also encouraged people fighting with prison guards and threw a chair at an officer which hit him in the head.
He was described as "animated, irrational and unreasonable" and continued causing havoc until he was restrained, frothing at the mouth.
He is serving a nine-year jail term which ends in 2019. Another two years was added and he will be eligible for parole in 2015.
Gavin Gordon Richardson, 38, pleaded guilty to assault causing bodily harm and unlawful assembly.
Though he did not physically assault anyone, he involved himself once he saw what was happening.
He held the door to yard closed and squirted oil on floor outside that door to impede officers from their duty.
His full-time release date on his current sentence was March, 2018.
He was supposed to be eligible for parole in February this year but could not apply because of this incident.
He was sentenced to 18 months jail but can immediately apply for parole.
Luke Raymond Leslie, 22, pleaded guilty to charges relating to the prison incident and Caboolture property and driving offences.
Corrective services officers had trouble restraining him and when he was free, he went back to wrestle another prisoner.
He had already served 795 days pre-sentence custody so was released to live with family at Goondiwindi.
He was sentenced to three years jail with immediate parole.