All 10 Goulburn jail inmates accused of involvement in last April's riots at the facility have been committed to stand trial in the Sydney District Court.
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The decision by Magistrate Rob Rabbidge on Wednesday followed two days of evidence and lengthy cross examination of 11 Corrective Services officers about their recall of events on April 16 last year. The prisoners will stand trial at the Sydney District Court on a date to be determined.
Ten of the prisoners, hand and leg-cuffed, and surrounded by Corrective Services and police officers, were present on Wednesday for Mr Rabbidge's summation. They were Wayne Michael Connors, Colin John Davis, Craig Vincent Lardner, Aaron John Maher, Joshua Gilbert Mansfield, James Sonny Paulson, Ronald Walter Priestly, Dwayne Eric Welsh and John Kevin Weston. Another, Daniel John Barker, was granted bail by the NSW Supreme Court late last year. His bail has been forfeited and a warrant issued for him to attend a committal hearing at Goulburn Local Court on March 19. Mr Barker is living at Brewarrina.
In all cases Mr Rabbidge said he was satisfied that under the Criminal Proceeding Act, by which he was bound, there was a reasonable chance, that a properly instructed jury would convict the accused of an indictable offence.
He said solicitor Paul Edmonds had put to him that he must be satisfied of four elements beyond reasonable doubt: that 12 or more prisoners were present together (to satisfy the charge of riot), that there was a threat of unlawful violence, the riot was part of a common purpose and that it caused people to fear for their safety.
Mr Rabbidge said while the prosecution had alleged that more than 11 inmates were involved in the riots, in which four officers were seriously injured, it had acknowledged that it could not identify those other prisoners. He read from officers' evidence which gave conflicting accounts of the number of inmates thought to be involved.
"(However) I am satisfied that there is ample information that 12 inmates threatened violence," Mr Rabbidge said.
In regard to Mr Barker, Mr Connors and Mr Lardner, Mr Rabbidge said despite the fact that officer Bruce Preston had not noted their alleged involvement in his notebook after the event or in his statement to Corrective Services the following day, he had identified the inmates in a statement to police on April 18.
"It was put to me by Mr Edmonds that officer Preston arrived on the scene when the incident was well underway and that it was a short look (at the inmates) in difficult circumstances. I note, (however) that Mr Preston was very firm in the witness box and I found him to be a credible witness. He was head of the Special Emergency Response Team and watched every inmate at muster on a daily basis," Mr Rabbidge said.
The defence had also refuted that prisoners had a common purpose because there was no evidence of a meeting between prisoners. This was refuted by prosecutor Terry Hervester who referred to inmate Welsh's evidence. Welsh had allegedly told police when asked about a meeting: "No, well there was word going around. I didn't know for sure."
However Mr Rabbidge said a common purpose lawfully involved a "commonsense view of criminal activities."
"This (incident) tells us surely that four officers were bashed and there was a concerted act of bastardry, objects were thrust, tables were dragged to bolster prisoners' defences and liquid was thrown down stairs to hinder officers' approach. I am satisfied that there is sufficient evidence to meet the test of a common purpose," Mr Rabbidge said.
In regard to inmate Colin John Davis, Mr Rabbidge said the evidence against him was "overwhelming" in that numerous officers had identified him. "I note what they said and the firmness with which they said it. Officer Preston noted a frenzied scene in which Davis alternatively kicked officers Swain and Marks with a soccer ball type kick. Officers King and Martin identify him standing over officer Swain with a table leg and hitting him three times or more," Mr Rabbidge said.
Evidence of inmate Lardner's involvement had also been called into question by the defence, however Mr Rabbidge again relied on officer Preston's evidence in his judgement. He also described officer Sharon Madden, who had protected officer Bob Hersey from further assault by lying across his body, as an "honest, forthright and adamant witness."
Inmate Ronald Priestly is charged with one count of causing grievous bodily harm with intent to murder, one count of maliciously inflicting grievous bodily harm, 13 counts of assaulting an officer in the execution of his/her duty, one riot charge, one affray charge, one charge of assault occasioning actual bodily harm and one charge of wilfully obstructing an officer.
Mr Rabbidge said he looked to various officers' evidence, notably officer Preston's, who stated that he had seen Mr Priestly holding onto a rail and stomping on officer Swain's head. The trials are expected to last three weeks. Ines Chiumento for the Department of Public Prosecutions said the trials would be held in Sydney's Downing Centre where there was proper provision for prisoners and security during a lengthy trial.