Prison guard had sex with pregnant inmate

A notorious former prison chief and sex offender who sexually abused vulnerable female inmates at a Sydney correctional facility has lost his desperate bid to be released from prison or have years cut from his sentence.

Wayne Gregory Astill will remain behind bars until at least 2037 after the state’s highest court, the Court of Criminal Appeals, on Monday rejected his argument that he was the victim of a “miscarriage of justice.”

In a unanimous 3-0 decision, the court found that Astill had “exploited the vulnerability” of his victims and “used his rank and position for his own sexual gratification.”

Astill was sentenced to 23 years in prison in March 2023 after being found guilty on 34 counts, including aggravated sexual assault and indecent touching.

The court was told that his crimes involved twelve different victims.

He admitted seven counts of abuse of office in connection with inappropriate consensual sexual acts.

He was acquitted of a further 17 charges.

The jury found that while he was incarcerated at the Dillwynia Correctional Centre in Sydney’s north-west, he had sexually abused female prisoners, one of whom was pregnant at the time.

Earlier this year, he appealed against his conviction and sentence before the Court of Criminal Appeal.

However, Chief Justice Anthony Bell, one of three judges hearing the appeal, said: “(Astill) exploited the victims’ vulnerability in a deliberate, repeated and systematic manner and has shown no remorse for doing so.”

“His actions represented a gross and sustained breach of trust that directly harmed the inmates.”

Judge Bell added: “(Astill) held a high office in the correctional centre and exploited his rank and position for his own sexual gratification.”

Astill’s attorney, Tomislav Bicanic, argued that the trial judge, District Judge Gina O’Rourke, erred in instructing the jury regarding evidence of a “bias.”

During the trial, the prosecution argued that the evidence showed that Astill had a tendency to make sexually suggestive comments, placed himself in situations where he was alone with women, and engaged in sexual acts without their consent.

Astill’s legal team argued that Judge O’Rourke should have given the jury further instructions on how to think about the bias evidence to avoid “reasoning errors.”

During an appeal hearing in June, prosecutor Elizabeth Nicholson said this was not necessary because the jury had been “correctly instructed” by Judge O’Rourke, who “made it abundantly clear” that she could not find Astill guilty until the victims’ statements were proven beyond a reasonable doubt.

The Court of Criminal Appeals, by a unanimous 3-0 decision, denied Astill’s leave to appeal against his conviction and sentence.

Judge Bell stated in his written judgment on Monday: “The direction given did not result in a miscarriage of justice.”

“The outcome of the jury’s deliberations was consistent with the assumption that the jury members conscientiously performed their duty and complied with the instructions of the trial judge.”

The court was told that Astill had shown no remorse or insight into his crime and continued to claim he had been “manipulated” by a victim.

“Although the sentence was harsh, it was appropriate and certainly not ‘so far outside the scope of possible punishment as to constitute an error.’ Nor was it ‘unreasonable or downright unfair,'” Judge Bell said.

The New South Wales government set up a special commission to investigate Astill’s crimes last year.

Before joining the Correctional Service as a prison guard in October 1999, Astill worked as a detective with the New South Wales Police Service.

And Commissioner Peter McClellan SC said in his report tabled in March that Astill should never have been employed as a prison guard given the allegations of misconduct contained against him in his police file.

“As his police personnel file shows, he should never have been employed by CSNSW,” McClellan said.

He said Astill’s record contained complaints of “serious criminal and other misconduct”, raising questions about why he had not been charged and calling into question the “integrity of CSNSW’s recruitment process”.

Astill will be eligible for parole in December 2037 after serving at least 15 years and four months.

If you or someone you know is experiencing sexual abuse or family violence, contact:

• National Counselling Service for Sexual Harassment and Domestic Violence, 24-hour hotline 1800 RESPECT At 1800 737 732

• 24-hour emergency hotline for accommodation at 1800 800 588

• Safe At Home Helpline at 1800 633 937

• National Violence and Abuse Trauma Counselling and Recovery Service 1800 POINTS (1800 385 578). They also have a dedicated helpline for the LGBTIQA+ community called Rainbow Sexual, Domestic and Family Violence Helpline at 1800 497 212

• SHE (free and confidential advice and support) on 6278 9090

• Support services for victims of sexual assault on 6231 1811or after business hours 6231 1817

• Crisis and support service for violence in the family on 1800 608 122

• Bravehearts – Support for children who have been sexually assaulted 1800 BRAVE 1

• The Kids Helpline is aimed at young people aged 5 to 25. 1800 551 800

Don’t go it alone. Please contact us if you need help. Lifeline At 13 11 14