Leonard Swan: Central West man lights fire with cellmate leading to full blown riots at Wellington Correctional Centre in 2020

A Wellington Correctional Centre inmate who helped set his prison cell on fire, leading to an all-out riot at the jail that left a damage bill of $120,000, was sentenced on Thursday.

A man who lit a fire in a prison cell with a fellow inmate, leading to an all-out riot at the Wellington Correctional Centre which left a damage bill of $120,000, was sentenced on Thursday.

Leonard Swan, 26, appeared in Dubbo Local Court via audio visual link from Broken Hill Correctional Centre, pleading guilty to intentionally or recklessly damaging property by fire.

According to documents tendered to Dubbo Local Court, a duress alarm was sounded from Swan’s cell on April 11, 2020 with “responding staff (finding it) to be engulfed in fire”.

After removing Swan and his cellmate, inmates from Pod C - which housed 41 people at the time - were taken into the recreation yard due to the accumulation of smoke in the building.

Leonard Swan and his cellmate lit a fire at the Wellington Correctional Centre, leading to a full blown riot April 11, 2020. Photo courtesy of CSNSW.

“Inmates from Pod C were non-compliant and a riot commenced with inmates causing extensive damage to Pod C including smashing windows, security cameras, walls and furniture within the common area and recreation yard,” court documents reveal.

“At 12.30pm, due to the behaviour of inmates, correctional officers commenced a full centre lockdown, (inmates from) Pod D refused to comply and commenced rioting.”

Similar to the events in Pod C, windows were smashed and security cameras were broken and inmates started throwing items at staff “causing them to retreat due to fear of injury”.

Some of the inmates from Pod D accessed its roof through the exercise yard. The rioting continued with inmates from Pod B refusing to comply, barricading doors and causing severe damage to the pod.

“Security cameras windows and infrastructure were damaged as inmates gained control of the Pod,” agreed facts state.

“Inmates from Pod A have refused to comply with the direction of corrective service staff and commenced a riot.

“Extensive damage to the common area and the recreation yard was sustained with windows and security cameras being smashed.

“A number of inmates have armed themselves with weapons by dismantling a gas BBQ. Inmates from Pod E and F complied and were secured within their cells without incident.”

The level of rioting from the four pods resulted in additional corrective service officers being deployed from the adjacent Macquarie Correctional Centre and specialist officers from the Security Operations Group in Lithgow as well as a K-9 Unit.

Rioting lasted a total of three hours and 45 minutes with “chemical munitions deployed before corrective services could subdue rioters and return the inmates to their cells” with approximately 284 inmates taking part.

“At 4pm all inmates were accounted for and the Correctional Facility was deemed secure,” documents state.

“As a result of the riot and the actions of (Swan) Wellington Correctional Centre sustained extensive damage to Pods A, B, C and D, rendering them unusable for a prolonged period of time.”

The overall cost of damages to the pods in the Wellington Correctional Centre was $119,793.97.

After statements from corrective service staff and CCTV footage, Swan and his cellmate were identified as being the occupants of the cell that was set alight “and subsequently being the catalyst for the riot”.

Detectives applied for and were granted a search warrant to obtain lawfully intercepted phone calls made by Swan’s cellmate.

During a call with his cousin at 10.48am on April 19, 2020, Swan’s cellmate is asked “Where’s Swanny? Linda wants him to ring her”, documents reveal.

“(Swan’s cellmate) replies ‘yeah, he lit the fire, um we burnt the cell down with the foil in the cells me and Swanny and the, got all locked in (a) big brawl.

“During the same call the co-accused goes on to say ‘we burnt cell down while we was in it, it burnt (inaudible) we caused a big riot here.

“He, he burnt that number (inaudible) he burnt that number (laughs).”

During investigations, the cell in question was inspected with two foil prongs found to be inserted into the power unit.

“This is a common method utilised by inmates to cause a spark commonly referred to as a ‘spark up kit’. (Swan and his cellmate), in (a) joint criminal enterprise, have used the spark from the metal prongs to ignite the main fuel source in the cell being the bedding and mattress,” agreed facts reveal.

“Neither the accused or co-accused made any attempt to alert staff or trigger the duress button within the cell until the cell was engulfed in fire and the mattress was alight.

“The resulting fire and smoke caused the evacuation of inmates and triggered the ensuing riot.

“The action of Swan and (his cellmate) showed a total disregard for the safety and well being of staff and fellow inmates who were placed in immediate risk of serious injury.”

The damage to the cell was valued at a total of $6750.

Leonard Swan appeared in Dubbo Local Court via audio visual link on Thursday, pleading guilty to intentionally or recklessly damaging property by fire.

The court heard from Swan’s lawyer, Arthur Nguyen, that there was no confirmation on who actually lit the fire in the cell, and that the incident falls in the low range of objective seriousness.

Mr Nguyen continued saying that given Swan’s incarceration since the offence that he “may have already done the time”.

He spoke about Swan’s struggles growing up, where he was in and out of schooling, surrounded with violence and drugs and without parental figures, having to live with his aunt in Wilcannia and spent time in DoCS at the age of 10.

The court also heard that Swan had a job lined up with friends if granted release from jail.

Magistrate Theresa Hamilton accepted Mr Nyguen’s submissions about Swan’s upbringing however she did admit “there was justification to say that (Swan) should be sentenced for what he did”.

“I don’t think who lit the fire makes much difference,” Ms Hamilton continued.

“He is still a relatively young man, if he does get out and get a job and stays out of trouble he can reasonably have a pro-social life.”

Ms Hamilton sentenced Swan with a six month imprisonment, backdated to December 27 when he was eligible for parole for separate matters.

Swan will be released on June 22.