Killer ‘forcefully’ kicks prison guard: court

A convicted double murderer has learnt his fate after he kicked a prison guard, the second assault he’s carried out during his lifetime jail sentence.

Scott Geoffrey Maygar, 37, was sentenced in Brisbane District Court on Monday after he seriously assaulted a prison officer trying to prevent him from taking his own life in his jail cell.

Maygar, who is serving life in prison for a 2005 double murder, appeared via video link from jail wearing his prison uniform and his tattooed sleeve clearly on show on Monday.

Maygar had been jailed in 2007 after pleading guilty to two counts of murder, one count of manslaughter and four counts of rape for killing two teenagers – Ty Wilson and David Lyons, both 17 – and Michael Thompson, 30, in Toowoomba in May 2005.

He is eligible for parole on December 1, 2035.

Crown prosecutor David Finch told the court on Monday that Maygar had assaulted a prison officer by kicking him “forcefully” in the leg as a group of officers tried to stop his attempted suicide in August 2019.

“Maygar was observed by Corrective Services in effect preparing to make an attempt on his own life,” Mr Finch said.

Mr Finch said the assault occurred as the group of officers tried to remove Maygar from his cell. He lashed out at them and managed to kick one “quite forcefully”, Mr Finch said.

The court was told Maygar was previously diagnosed with schizophrenia and other mental health issues, which he receives care for at The Park Centre for Mental Health at Wacol.

“It’s quite clear that Mr Maygar has some underlying psychiatric issues,” Mr Finch said.

The court was told Maygar had previously been sentenced for slashing the throat of a fellow inmate with a shiv in 2008.

He was jailed for six years and had six months added to his parole eligibility date for the murders.

Mr Finch argued that Maygar’s parole eligibility date should be extended a second time as part of his sentence for the assault on the prison officer.

“It’s the Crown’s submission that’s a tangible consequence to Mr Maygar for his prior conduct and it would be open to Your Honour to extend eligibility by two to three months,” Mr Finch said.

Maygar’s defence barrister, Edwin Whitton, said any general deterrence for his client in sentencing would be ineffective.

“In terms of tangible outcomes, there’s really nothing that can’t be done for Mr Maygar that hasn’t been done or is being done for him,” Mr Whitton said.

“Concerns about his management in custody are of course legitimate but they’re being met.

“His behaviour has much improved and his circumstances have much improved from where they were in August 2019 when this occurred.

“There’s no basis for targeting actual behaviour.

“While the court recognises the difficulties of all officers where Mr Maygar is, the facility was built for Mr Maygar, it’s an inherent risk those tasked with his care and supervision face.

“He was desperately unwell and trying to take his own life and resisted when they’d intervened and that was a unique circumstance.”

Judge Carl Heaton KC sentenced Maygar to six months imprisonment for the assault, which he will serve concurrently with his life sentence.

Judge Heaton said he did not accept that Maygar’s parole eligibility date should be extended and ordered it remain set at December 1, 2035.

The court was told the complainant in the matter wanted the case to proceed through the court despite Queensland Corrective Services having the “mechanisms” to deal with assault matters similar to Maygar’s offending.

However, Judge Heaton said the court did need to recognise the importance of ensuring Corrective Services officers were safe in their own workplace when “simply doing their job”.

“Those who harm corrective officers need to appreciate their conduct will be met with the determinant,” he said.

“However, your complex mental health suggest personal deterrence and correction deterrence is diminished.

“All of those circumstances of your background and the circumstances this offence was committed is all relevant.

“I need not shift the date of your eligibility of your parole.”