An inmate who helped set his cell on fire which sparked a four hour riot at Wellington Correctional Centre will remain behind bars until June.
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Leonard Swan, 26, was an inmate at Wellington Correctional Centre when he and his cellmate lit a mattress on fire inside their cell about 12.20pm on April 11, 2020.
According to court documents the 41 inmates from that pod were transferred to the recreation yard due to the amount of smoke that had accumulated.
However, a riot broke out as inmates were non-compliant and began causing extensive damage smashing windows, security cameras, walls and furniture.
At 12.30pm correctional officers initiated a full lockdown and about 284 inmates continued rioting.
A number of inmates armed themselves with weapons by dismantling a barbecue, while some inmates gained access to the roof via the exercise yard.
Additional officers from the neighbouring Macquarie Correctional Centre were called along with specialist officers from Lithgow and the dog unit for backup.
Chemical munitions were also released in order to stop the riot, which lasted for three hours and 45 minutes.
Police said the total cost for the damages to the centre was around $119,000. A total of 25 inmates have been charged and sentenced over the riot.
According to court documents, after the riot detectives intercepted phone calls of Swan and his cellmate which revealed they had started the fire.
During a phone call to his cousin, Swan's cellmate could be heard admitting it was "Swanny who lit the fire".
"Um, we burnt the cell down with the foil in the cells me and Swanny and then got all locked down in big brawl [sic]," he said on the phone.
"We burnt the cell down while we was in it, it burnt (inaudible) we caused a big riot here."
Their cell was examined by crime scene officers which uncovered two foil prongs were found inserted into the power point.
According to police this is a common method used by inmates to cause a "spark up kit".
Swan and his cellmate used the spark from the metal prongs to ignore the bedding and mattress inside their cell.
"The actions of the accused and co-accused showed a total disregard for the safety and wellbeing of staff and fellow inmates who were placed in immediate risk of serious injury," police said.
As a result the fire caused $6750 worth of damage to the jail.
While the police facts suggested the cell fire was the catalyst for the riot, defence lawyer Arthur Nguyen said Swan was only before the court for the single charge of damaging property by fire.
"It's a matter where there's been a fire in their pod, it's unclear whose lit the fire," he said.
The court heard Swan had previous convictions for destroy and damage property and had served terms of imprisonment.
However, Mr Nguyen said Swan had grown up around violence and drugs, however had a job lined up for when he's released from jail.
Magistrate Theresa Hamilton noted that Swan and his cellmate between them set fire to their cell, and as a result they were taken outside and various incidents developed and inmates began to riot.
She said while she accepted Swan couldn't have anticipated the riot to break out, he had admitted to his role damaging his cell by fire.
The court heard Swan's cellmate and co-accused for the same charge, Trevor Shane Hunter appeared in Albury Local Court and with exceptional circumstances was sentenced to a four month intensive corrections order - a jail sentence served in the community.
Magistrate Hamilton said while Swan wasn't assisted by his criminal record, she recognised he had "substantial deprivation" in his early life.
"He's still a relatively young man, and if he does get out and get a job and stay out of trouble there's no reason he shouldn't have a reasonably pro-social life," she said.
Swan was convicted and sentenced to a six month term of imprisonment, backdated to December 2021.