Two Cessnock prison guards have been given two year good behaviour bonds and spared convictions for assaulting a First Nations colleague.
Owen Kemp, 32, and Jake McCaig, 24, pleaded guilty to the common assault of their Shortland Correctional Centre colleague Carl Budda-Deen.
The assault happened around midnight in February last year in Mr Budda-Deen's home.
The pair burst through front door, amounting to what Local Court Magistrate Robert Stone said was a matter of aggravation, then forced the 35-year-old back and held him before letting go.
The victim told the court he had ongoing knee and shoulder injuries, but the magistrate said he accepted if there was an injury it was minor.
McCaig has left his employment with Corrective Services NSW, but Kemp had hopes of returning to work after being stood down on pay nearly a year ago.
On Friday, Magistrate Stone accepted a submission that a conviction would make it difficult for Kemp to return to being a corrections officer.
He said both men had shown remorse and he was not satisfied their assault was premeditated.
He gave both men a two year good behaviour bond.
'I don't feel safe'
Mr Budda-Deen told the ABC he was disappointed there was not a conviction.
"Now my dreams and job are shattered. I can't go back because it's just too unsafe now," he said.
It was a job the proud Kamilaroi man was recruited to by a program encouraging First Nations people to be officers, reflecting the diversity of the inmate population.
First Nations people account for around two per cent of the population in New South Wales but more than 20 per cent of prison inmates.
Mr Budda-Deen said he wanted to make a difference from within.
"I always wanted to be an officer and it took me a long time to get there, but I got there and was so happy. I enjoyed my job, loved it," he said.
But he said he felt unsupported once on the job.
A spokeswoman for Corrective Services NSW said Mr Budda-Dean had received support.
During a visit to the Shortland Correctional Centre at Cessnock, Corrective Services Commissioner Kevin Corcoran was asked about the case.
The commissioner said he could not comment on the case but talked up the Indigenous recruitment program Mr Budda-Deen graduated from.
Corrective Services NSW said it had a zero-tolerance approach to workplace harassment and would review the court's decision as part of the misconduct process.
Editor's Note 13/5/2022: This story was edited on Friday, May 9.
