Matthew Macguire faces court accused of killing Ryan Fennell

An inmate accused of bashing his cellmate to death at a western Sydney prison could not recognise his alleged actions were morally wrong, a court had heard.

Silverwater Jail.

An inmate accused of bashing his cellmate to death at Silverwater Jail was suffering from a severe mental illness and lacked the ability to recognise his actions were “morally wrong”, a court has heard.

Matthew Terrance John Macguire, 36, allegedly bashed his cellmate to death in April last year at Silverwater’s Metropolitan Remand and Reception Centre before being charged with murder.

Police said corrective services found inmate Ryan Fennell, 39, unresponsive in his cell and he could not be revived.

Despite being charged, Macguire was found unfit to be tried in April in the NSW Supreme Court due to his mental health.

He appeared back in the Supreme Court on Monday for a special hearing – a court procedure where a judge will decide a verdict for a defendant unfit to be tried.

Macguire was unable to sit still during his special hearing, while appearing on screen from Long Bay prison, often standing up, making hand signals, putting his face near the camera, or holding his supporter’s hand.

Police charged him with murder in April 2019.

The court heard Macguire has a lengthy history suffering from mental health issues including multiple admissions to mental health units during his lifetime.

A psychologist report, submitted to the court, stated Macguire “was deprived of the ability to recognise that his actions in attacking (Mr Fennell) were morally wrong”.

His defence lawyer said he had been diagnosed with schizophrenia or schizoaffective disorder which had deprived him of that ability to understand his actions.

The Crown prosecutor did not oppose that assessment.

CCTV footage from the cell was also submitted to the court.

Justice Desmond Fagan will consider the evidence and reports submitted and give a decision tomorrow.