Zacharry Douglas Withers sentenced for toilet water assault on Capricornia prison guard

A Qld man who pretended to drink toilet water to set up a disgusting attack on a prison guard said he was “seriously unwell” at the time.

Zacharry Douglas Withers faced court for throwing toilet water in the face of a correctional officer as well as two counts of drug possession. Photo: Fergus Gregg

A Sarina man was blasted for his “disgusting” assault of a prison guard where he threw water from his toilet into the guard’s face, his fourth jailhouse attack.

Zacharry Douglas Withers, 35, was in custody at the Capricornia Correctional Centre on October 7, 2023 when he asked a corrective services officer to come to his cell.

The court heard he then got a cup and scooped some liquid out of the bottom of his cell’s toilet bowl and pretended to drink it before throwing the water in the officer’s face.

Magistrate Bronwyn Hartigan said the officer thought Withers threw faeces out of the toilet and feared she would contract a disease, but learned it was just toilet water.

“She didn’t know that at the time … that would have been really terrible while she waited for that,” Ms Hartigan said.

“This is something you have a reputation for.”

Zacharry Douglas Withers faced court for throwing toilet water in the face of a correctional officer as well as two counts of drug possession. Photo: Fergus Gregg

The court heard he had three previous convictions for similar offending and he was in custody at the time for the same offence of serious assault of a corrective services officer by biting, spitting, etc.

“It only happens in that setting, it doesn’t happen in the community,” Ms Hartigan said.

“You do other things in the community but nothing disgusting like that.”

Withers also faced charges of drug possession from June 17, 2024 when police found he was in possession of marijuana and methamphetamine.

He pleaded guilty to all charges.

The court heard Withers is diagnosed with a number of mental conditions and was on and off medication while in custody.

The court heard Withers was serving a sentence of imprisonment for seriously assaulting a corrections officer when he threw toilet water in another’s face.

Withers said he was seriously unwell mentally at the time of offending and Mr Yarrow said he has engaged in mental health services since his release.

“I feel much better at the moment,” Withers said.

Legal Aid Queensland solicitor Danny Yarrow said Withers was previously sentenced to 12 months imprisonment for an aggravated offence.

Ms Hartigan suggested an intensive corrections order as an alternative to incarceration as otherwise Withers was “going to go in there and get aggravated and you’re never going to get out of jail”.

Withers was sentenced to 12 months imprisonment, served through an intensive corrections order which requires him to complete 12 hours of community service each week.

Ms Hartigan said an intensive corrections order was “sort of like a last resort” and if he breached it he would have to serve whatever time was left on his sentence in custody.

He was further fined $400 for possession of dangerous drugs and convictions were recorded in relation to all matters.

“An intensive corrections order is hard,” Ms Hartigan said.

“I think there’s hope for you in the community now and I want you to be able to take advantage of that.”

Originally published as Zacharry Douglas Withers sentenced for toilet water assault on Capricornia prison guard