Two inmates of the Ararat prison have escaped lengthy jail sentences following a "very serious assault" in 2019.
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Sharam Khamisi, 48, and Aqil Macaw, 22, appeared in the Ararat Magistrates' Court via video link from the Hopkins Correctional Centre on August 28, where they both pleaded guilty to unlawful assault.
Police prosecutor Lucy Tribe alleged that on Friday, November 28, 2019, Macaw was sitting on a couch in the Fyans unit of the Ararat prison when the victim greeted him at 7.50 am.
Macaw shook the victim's hand before he chatted with him on the couch for a moment.
Khamisi then entered the unit and walked towards Macaw and the victim, where he talked to the pair as he stood in front of the couch.
Khamisi then punched the victim in the head and face at least 20 times while Macaw held the victim to the couch.
The victim eventually fell to the floor, where Macaw stomped on the his body at least 15 times.
Two security guards broke up the three prisoners and attended to the victim's injuries.
The victim suffered bruising around the head and a cut above their right ear.
Khamisi was interviewed on February 5, 2020, but did not provide a comment on the assault.
Ms Tribe said the informant described the assault as "very serious".
The assault lasted less than a minute and was captured on CCTV.
Magistrate Simon Zebrowski viewed the footage in the Magistrates' Court via a laptop.
Defence lawyer Simon Tait, who represented both Khamisi and Macaw, said the fight was over some missing items.
"Mr Khamisi and the victim were cell mates before the assault," Mr Tait said.
"The victim's associates took some of Mr Khamisi's belongings; he had short words with the victim before the assault.
"Following the assault, Mr Macaw and Mr Khamisi spent a month in the bin (solitary confinement)."
Khamisi told Mr Zebrowski he came to Australia from Iran via Indonesia, and was imprisoned for "people smuggling".
Mr Tait said Macaw, who came to Australia from Somalia, was incarcerated for armed robbery.
Both men are eligible for parole.
Upon viewing the footage, Mr Zebrowski said the assault was minor.
He sentenced both men to one month of imprisonment, to be served concurrently with their original sentence.
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Ben Fraser
Ben is the Editor with the Wimmera Mail-Times, Stawell Times-News and Ararat Advertiser. Ben is the former chief of staff at the Portland Observer, a qualified teacher, and an Leadership Great South Coast alumni (2019).
Ben is the Editor with the Wimmera Mail-Times, Stawell Times-News and Ararat Advertiser. Ben is the former chief of staff at the Portland Observer, a qualified teacher, and an Leadership Great South Coast alumni (2019).
