Ex-prison sues over revenge attack which almost killed him

Phil Payet was completely unaware his life was in danger when he left prison. He’s suing Victorian prison authorities over a decision which kept him in the dark — and almost cost his life.

Burn victim Phil Payet is suing the state for withholding letters from him while in prison detailing threats of an assault which was made good on upon his release. Picture: Wayne Taylor

A father who was burnt almost to death by a criminal ex-associate is suing prison authorities for withholding jailhouse letters which foreshadowed the horrific revenge attack.

Phil Payet, 49, was doused in petrol and set alight by David Maddocks, a friend-turned-enemy who’d sworn lethal vengeance from his prison cell over suspicions his victim had turned him into police.

The threat, contained in a jailhouse letter, vowed to “get” Mr Payet once they were both released from prison.

“I just want you to know I’m going to get you one way or the other and I will wait 10 years if I have to,” Maddocks wrote.

Phil Payet suffered burns to 75 per cent of his body and spent five months in hospital.

Phil Payet is suing the state for withholding letters from him while in prison detailing threats of an assault which was made good on upon his release. Picture: Wayne Taylor

But Mr Payet never knew his life was in danger as the letter was intercepted by Port Phillip Prison officials and never given to him.

“If I had known of the threats, I could and would have been more vigilant, even moving my family away to keep us all safe,” Mr Payet told the Herald Sun.

The father-of-two had fallen asleep in his car after working on it outside his home in Frankston on Boxing Day in 2016.

He awoke to a wet, cold feeling and was suddenly engulfed in flames.

Trapped inside his car, Mr Payet had to smash his way out as the fire scolded his body.

“I recall seeing the trees around my home lit up by my burning body,” Mr Payet said.

Mr Payet suffered severe burns to 75 per cent of his body and spent five months in hospital, half of which was spent in an induced coma as he underwent multiple lifesaving surgeries and dwindled from 120kg to 67 kgs.

Phil Payet before the horrific attack which left him permanently disfigured.

Once describing himself as a “freak show”, Mr Payet suffered lifelong scars and has ongoing physical and mental injuries.

“I face ongoing challenges and setbacks as well as persistent pain. The physical and emotional scars of that night remain a constant reminder of the impact this has had and continues to have on my life – it will never be the same,” Mr Payet said.

Maurice Blackburn is representing Mr Payet in his legal claim against the Department of Justice and Regulation and G4S, the global security company contracted by the state government to run Port Phillip Prison.

David Maddocks is serving a lengthy prison sentence for the horrific crime.

Senior Associate Gezime Vasic said both agencies failed in their duty to protect Mr Payet.

“If a threat is made against an inmate while they are incarcerated, those responsible for the care and safety of that inmate need to ensure that, while they remain in the prison system they are kept safe from any such threat of harm and that after their release, they are made aware of the nature of the threat made against them so that they can make informed decisions to taking any steps they consider necessary to ensure the safety of themselves and their family,” the lawyer said.

Maddocks and his co-offender Clinton Phillips were initially charged with attempted murder but cut a deal with prosecutors to plead guilty to lesser charges.

Maddocks was sentenced to 10 years in jail with a non-parole period of seven years and six months and Phillip was sentenced to seven years imprisonment with a non-parole period of five years.