A MAN'S brutal bashing by a group of fellow inmates while serving time in a Central Tablelands prison could have ended up as murder, a judge has said.
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A 28-year-old man, Robert Hala - previously of Kennedy Street, Robinvale - was before Bathurst District Court on April 5, 2023 to be sentenced for the affray matter after he pleaded guilty to the charge on an earlier occasion.
Judge Graham Turnbull gave Hala a prison sentence of 28 months, some time after his three co-accused - Michael Moufferrige, 33, Irae Seumanu, 23, and Mati Mackie, 25 - had each been given additional time behind bars for the offence.
Agreed details submitted to the court for Hala's sentence said the then 19-year-old victim was in an exercise yard at Lithgow Correctional Centre on October 15, 2021 about 8.30am when he was approached by then 32-year-old Moufferrige and punched in the head.
The victim fell to the ground as Hala - who was 27 at the time - moved closer to help with the assault.
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While the victim was on the ground, Moufferrige punched him three more times before Hala and then 21-year-old Seumanu stomped on the man's head.
Hala, Seumanu and Moufferrige punched and kicked the victim repeatedly as he lay on his back.
The court heard Moufferrige jumped and planted his knee in the man's back before he was pulled up by his shirt and thrown down a set of stairs.
The men followed the victim down to the below level to continue the assault, which included Seumanu picking him up and slamming his body into the ground three more times.
As the victim lay defenceless in a foetal position, Seumanu kicked him to the face before Hala stomped on the victim's head once again with "significant force", court documents said.
The victim began to climb up the stairs when Hala and Moufferrige noticed. Mackie, then 25, stepped toward the victim and kicked him twice to the head before Hala punched the victim in an uppercut motion.
Moufferrige hit the victim in the face three more times with his knee before Seumanu punched him twice in the torso as he was dragging the victim back down the stairs.
It was at this point the two-minute assault came to an end.
Correctional staff called police, who went to the facility and got a copy of the high-quality CCTV footage that captured the entire fight.
Hala, Moufferrige, Seumanu and Mackie were interviewed individually but refused to help police and said they either didn't remember the incident or weren't in the yard at the time.
The court was told police went to Lithgow Hospital where the victim was being treated for his injuries and spoke with him, before he signed a document that said he did not wish to give a formal statement about the assault or want any further police involvement.
The four men were all later charged with affray.
During Hala's sentencing, where he appeared from Lithgow jail by audio-visual link, Judge Turnbull noted he had reviewed the CCTV footage and found the lack of worry for witnesses or proof of the "considerable violence" concerning.
"It's as clear as day ... There was no attempt to conceal what occurred. It's basically just an all-in [brawl]," Judge Turnbull said.
"What people end up with [in this situation] is brain damage and this could've ended up as a murder charge.
"Mr Hala, you take such a risk. You would feel remorseful had it got worse and you killed him. You would never get to know your child."
Hala's placement in the hierarchy of the group was assessed by Judge Turnbull, who said he had occupied second spot behind Moufferrige.
"This just can't keep going on, you will rot in jail," Judge Turnbull said to Hala.
Hala will be eligible for release on this matter on March 9, 2024.
Moufferrige, now 33, was sentenced to 30 months in jail with a non-parole period of 18 months.
Mackie, now 25, began his six month and three day prison term on August 15, 2022.
Seumanu, now 23, got a prison term of 18 months.
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