Dr Richard Emory McGary Jr, aged in his late 30s, was found guilty of two out of three charges at an ACT Supreme Court jury trial. Photo: Albert McKnight.
CONTENT WARNING: This article refers to sexual abuse.
While a former Canberra academic found guilty of raping two women was attacked in a “shocking” assault in the ACT’s jail, the alleged risks to his safety in custody were not enough for him to get bail while he launches an appeal.
At the end of an ACT Supreme Court jury trial in July 2025, Dr Richard Emory McGary Jr was found guilty on two counts of sexual intercourse without consent and acquitted of a third count before his bail was revoked and he was taken into custody.
He was found to have raped one woman in 2016 and a second in 2020.
Security cameras then captured him being kicked in the head by another inmate at the Alexander Maconochie Centre (AMC) on 3 August 2025.
Meanwhile, he filed an appeal against the guilty verdicts, arguing they were inconsistent and unreasonable, and launched an attempt to be granted bail ahead of his sentencing.
On Monday (15 September), the court heard the AMC’s inmates could be seen going into McGary’s cell or standing around watching before the CCTV caught one aspect of the alleged assault, which was when he was kicked in the head on a balcony in an open area outside his cell.
There were at least four ACT Corrective Services staff in sight during the assault. When they spotted the attack, they initiated a lockdown.
“There is plainly a skirmish at the very least,” Chief Justice Lucy McCallum said, also describing the assault as “shocking”.
McGary’s lawyer, Andrew Tiedt of JSA NSW, said aside from the viciousness of the attack, it took some minutes for staff to intervene.
He was concerned about Corrective Services’ ability to protect his client and said his client was afraid for his life due to the alleged threats made against him during the assault.
The ACT Corrective Services’ director of litigation, Lucy Summers, said McGary was taken to hospital after the assault and returned the following day.
She said the alleged perpetrators were known and the incident had been reported to police.
In order to ensure McGary’s safety, Ms Summers said he had been moved from that unit and accommodated in a protection area.
She said he claimed the assault was an attempted murder, but Corrective Services had no evidence he was at risk in his new unit.
As McGary is from the US, Mr Tiedt also said his client’s visa was dependent on him continuing his studies at Curtin University in Perth. If he cannot continue his studies, his visa is likely to be cancelled.
Chief Justice McCallum said the real question in the bail application was his ongoing safety.
“It is the brutal truth that the court is expected to sentence people to imprisonment knowing that assaults happen in jail,” she said.
“It is the grim duty of the judiciary to mete out the sentences provided in the statute.”
On Tuesday (16 September), Chief Justice McCallum took into account the strong likelihood that he would be handed a significant term of imprisonment as well as his risk of flight when refusing bail.
McGary was seen slamming down a book, making a loud sigh, then muttering as he was led out of the courtroom back to jail.
Sentencing is scheduled to begin on 13 October.
If this story has raised any concerns for you, 1800RESPECT, the national 24-hour sexual assault, family and domestic violence counselling line, can be contacted on 1800 737 732. Help and support are also available through the Canberra Rape Crisis Centre on 02 6247 2525, the Domestic Violence Crisis Service ACT 02 6280 0900, the Sexual Violence Legal Services on 6257 4377 and Lifeline on 13 11 14. In an emergency, call Triple Zero.
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