Capricornia Correctional Centre 2021 prison riot brief of evidence delivered to lawyers

Lawyers for men accused of participating in a 16-hour riot at a Central Queensland jail have complained about the prosecution brief of evidence. Read more here.

The October 2021 prisoner riot at Capricornia Correctional Centre.

Lawyers for men accused of participating in last year’s Capricornia Correctional Centre riot have complained about “lack of detail” in prosecution evidence.

More than 60 prisoners are accused of being involved in the riot at the Etna Creek prison.

A riot broke out at the Rockhampton jail on October 21 last year and at the height of the unrest, about 70 prisoners were allegedly involved before the drama eventually dissipated at 2.30am the following day.

In April, it was announced that 45 prisoners had been charged.

Queensland Police Service told the Morning Bulletin in June that the number had risen to 64 prisoners, aged between 19 and 42.

Damage caused to the Capricornia Correctional Centre during the October 2021 riots.

Principal lawyers from Madden Solicitors and McGowran and Cagney Lawyers expressed their frustration at the “voluminous” brief which included more than 700 minutes of CCTV footage during an update of their clients’ cases in Rockhampton Magistrates Court on November 16.

Madden Solicitors principal Joanne Madden, representing Nathan Anthony Hennock, told the court she had received the brief of evidence about a week prior and it was hard for her to provide advice to her client until she knew what he had allegedly done during the riot.

Rockhampton solicitor Joanne Madden.

“I ask your honour to provide a directive police provide me with the particulars in relation to my client,” Ms Madden said.

“We’ve been given an enormous amount of statements and video footage of some 700 minutes.

“But in all of that, it’s extremely difficult to find any mention of my client who clearly … is not one of the major (offenders).”

Magistrate Philippa Beckinsale asked if case conferencing had sorted this issue out.

Mrs Madden said another lawyer of another prison riot accused had made such a request but was told “it’s in the brief”, which was why she was asking for the direction for the particulars of the allegations against Mr Hennock.

Police prosecutor Sergeant Darrell Dalton said this was the first he had heard of difficulties with the brief, but contended there were difficulties.

“I certainly see the benefit moving forward,” Sgt Dalton said.

Mrs Madden said the problem was the sheer volume of the brief.

“In everything I’ve read so far, my client hasn’t been mentioned,” she said.

“So it’s somewhat difficult for me to provide him with advice.”

Mrs Madden said there were a lot of statements with a lot of those saying person A asked person B for a recorded interview and they declined.

“None of those people are my client,” she said.

“I’ve only found one mention of him so far.

“It is a voluminous brief.”

There was a discussion between the prosecutor, magistrate and defence lawyer where the court heard there was a charge available to some of the accused rioters of being outside of their cell for a certain period of time that could replace the riot charge and it was a charge that could be dealt with in the magistrate’s jurisdiction, whereas the riot charge had to be dealt with in the higher courts.

Mrs Madden said by having the particulars, defence lawyers would be able to decide if a submission for the riot charge to be replaced by an alternative could be made on behalf of their clients.

Sgt Dalton requested a few weeks for the particulars to be prepared for Mr Hennock.

McGowran and Cagney Lawyers principal Brian McGowran advised the court he had made a submission to police to have the riot charge downgraded for his client, Shane Cedric Ross, but it was rejected.

Defence lawyer Brian McGowran.

He also requested the particulars of Mr Ross’s alleged actions during the riot.

“I already summarised the evidence in the submission, or the lack of,” Mr McGowran said when asking for his client’s particulars to be provided earlier than Mrs Madden’s client’s.

Mr Hennock’s matter was adjourned until January 18 and his bail was enlarged.

Mr Ross’s matter was adjourned until December 21 and he was remanded in custody.

Another riot accused, Nathan James Mitchell, had his matter mentioned on November 16.

Mr Mitchell’s matter was adjourned until December 14 and he was remanded in custody.

Jayden Lee Tanner, represented by Troydon Maltby, also had his matter mentioned on November 16.

Mr Maltby said he had gone through everything that had been provided to him in the “voluminous” brief of evidence and “there’s statements and other audiovisual disclosed which doesn’t seem to be provided as yet”.

He said he was in the process of breaking that down and forwarding a submission to police prosecutions to receive that further material.

“It’s effectively just some police statements that are outstanding and some CCTV footage, from my reading of the index,” Mr Maltby said.

Mr Tanner’s matter was adjourned until December 7 and his bail was enlarged.

The Capricornia Correctional Centre.

Others to have their matters mentioned included Ji Wilfred Henry Campbell, Clancy Wade McNamara, Brandon Blade Maloney, Joshua Frederick Sibley and Hughie Phillip Carlo, with all being transferred from the Aboriginal and Torres Strait Islander Legal Service to Legal Aid due to conflicts of interest.

Mr Campbell, Mr Maloney and Mr Sibley were remanded in custody while Mr McNamara was granted bail having been released on parole since his last mention.

Jason Thomas Cousins’ matters were adjourned to December 1 after his lawyer, Mr Nyugen, advised the court he had been instructed to proceed with a committal hand-up.

He was remanded in custody.

Prison riot accused men:

Ara, Bartholomew

Armstrong, John Leslie David

Baira, Ashley John

Barrett, Trent Tyson

Beckett, Jack Vernon

Bickford, Bradley James

Brown, Roy Dahram Eric

Cain, Daniel Robert

Campbell, Ji Wilfred Henry

Carlo, Hughie Phillip

Cavanagh, Jacob Dean

Conroy, Mark Frederick

Corporal, James Victor

Cousins, Jason Thomas

Delta, Michael Bernard Luke

Dyhrberg, Trent Edward

Eisel, Travis Aaron

Evans, Montell Lewis

Freeman, Leon Edward

Geehoy, John Mark Curtis

Hargrave, Jaiden Douglas

Hennock, Nathan Anthony

Henry, Shaye Mitchell

Hill, Paul Andrew

Hunt, Zachary John

Huxley, Brent Malcolm

Jack, Anthony Francis Lee

Jones, Clinton Curtis

Karaitiana, Jayden Keith

Kennedy, Matthew Alan

Kepa, Nelson Jack

Lill, Bailey Joseph

Lynch, Darryn Dean

Major, Roy Maxwell

Maloney, Brandon Blade

Mclennan, Shakur Paul

McNamara, Clancy Wade

Mitchell, Nathan James

Morton, Eli

Munro, Aisa Albert Charles

Murray, John Frederick

Nunan, Dominic John

Palframan, Donald William

Pel, Jesse

Richardson, Gavin John

Ross, Shane Cedric

Sauer, Jake Richard

Saunders, Richard Steven

Scott, Cameron James

Sibley, Joshua Frederick

Skillington, Brock Andrew

Smith, Alex Kenneth

Steedman, Robert John

Tanner, Jayden Lee

Tagaloa, Jay

Thaiday, Jimmy Gibson

Thompson, Robert John

Tilberoo, Graham James

Twaddle, Cameron Thomas

Walsh, Aubrey Richard

Wason, Sam Norman

Watson, Sean Richard

Wayne, Joel Mark