Attack in prison garden

Four months for multiple face fractures

A DISPUTE involving a garden hose led to an inmate being viciously attacked inside Barwon Prison.

Malakai Qalubau, 33, was watering a vegetable patch in the maximum-security jail when the incident took place on January 7 this year.

Geelong Magistrates’ Court heard a fellow inmate stood on the hose moments before Qalubau landed two savage blows to the man’s face.

Qalubau was sentenced on

Friday to a four-month prison term after pleading guilty to recklessly causing injury.

Police prosecutor SeniorConstable Craig Williams said the incident occurred in an outdoor area of the prison’s Cassia unit.

Qalubau had been seated several metres away when he noticed the victim standing on the hose.

Words were briefly exchanged between the pair before Qalubau approached the man and punched him to both sides of his face.

The victim was knocked over and “cowered” on the ground while Qalubau briefly stood over him, Senior-Constable Williams said.

He was taken to Geelong hospital with multiple facial fractures, including a broken eyesocket and jaw.

The court heard the assault took place hours after Qalubau was informed his mother had died following a lengthy battle with cancer.

“He was struck with grief, huge loss and trauma,” lawyer Sarah Tricario said.

Ms Tricario said her client, a qualified electrician, had also been “baited” by the victim regarding his ethnicity.

She said Qalubau was immediately punished after the incident, serving three weeks in “the slot”, which involves separation from other prisoners.

Qalubau is serving a jail sentence for drug and weapon offences.

The court heard he became eligible for parole in May, but his application for early release had been delayed by the pending court matter.

Magistrate Peter Mellas said assaults in prison involved serious offending. “It occurs … where people are entitled to be free of threats, injury and the like,” he said.

Mr Mellas said while a substantial jail term would ordinarily be imposed, he had to take into account certain factors including the harsher conditions faced by prisoners amid the COVID-19 pandemic.

Qalubau will be eligible for parole in November, while his overall sentence will expire in May next year.