Albion Park Rail Aldi basher Mervyn Davidson accused of killing Silverwater jail inmate

An Illawarra man due to be sentenced on Tuesday over a vicious baseball bat attack at an Aldi supermarket is facing a fresh charge of murder following the death of a fellow inmate at Silverwater jail last Friday.

Mervyn Keith Davidson, 44, from Dapto, fronted Burwood Local Court on Monday afternoon charged with the bashing death of 54-year-old Alfredo Pengue, who was found unconscious in his cell at the maximum security prison.

A police statement released on Monday morning said paramedics rendered first aid to Mr Pengue and transported him to hospital however he could not be revived.

Davidson had been due to be sentenced in Wollongong last Thursday over the Aldi attack, as well as two other assaults including the attempted choking of another cellmate in February 2017 while on remand.

CCTV footage shows Manuel Melgarejo and Aldi employee Robert Guevara taking action to stop attacker Mervyn Davidson at Albion Park Rail's Aldi last year.

CCTV footage shows Manuel Melgarejo and Aldi employee Robert Guevara taking action to stop attacker Mervyn Davidson at Albion Park Rail's Aldi last year.

However, the proceedings were adjourned after Davidson complained of a stomach illness, saying he feared he would not be able to sit through the sentencing without “having an accident”.

He was returned to Silverwater jail on Thursday evening, the day before Mr Pengue’s death.

Davidson chose not to appear before Burwood court during a brief mention of his matter on Monday.

He did not apply for bail and it was formally refused by Magistrate Mark Richardson.

The case was adjourned to March 28 for police to serve a brief of evidence on Legal Aid.