A corrections officer who shot a fleeing prisoner in the back outside Lismore Base Hospital has been found not guilty of murder or manslaughter.
Dwayne Johnstone, a 43-year-old Indigenous man, died at around 9.20pm on March 15, 2019 after being shot by one of his two guards.
According to a report from the ABC’s Emma Rennie yesterday, Mr Johnstone made the escape attempt after being arrested in relation to a violent assault earlier that day.
The 43-year-old was escorted to hospital after appearing to suffer convulsions in the cells of the Lismore Courthouse.
According to the ABC, the jury in the trial was shown CCTV footage showing that, while leaving the hospital, Mr Johnstone pushed one of his guards away and ran across the street.
The court reportedly heard that Mr Johnstone had moved with ‘surprising speed’ despite being shackled at the wrists and ankles
While the first guard, who was unarmed, gave chase the other guard, referred to during the trial as Officer A, reportedly called out a warning: ‘Correctional officer, stop or I’ll shoot’.
‘Mr Johnstone did not stop, and witnesses told the court he moved fast considering the shackles,’ the ABC story states.
‘As the men ran towards a doctor’s surgery, Officer A fired what he described as a “warning shot” to the left of Mr Johnstone, and a second later, a second shot in the direction of the escaping man.’
‘Mr Johnstone continued to run up the access ramp to the doctor surgery, which was next to a car park.’
‘Three or four seconds later, Officer A fired a third shot.
‘The bullet hit Mr Johnstone in the back and led to his death.’
The prosecution in the case argued that Officer A should have prioritised non-lethal options to stop Mr Johnstone from escaping.
This could have included trying to contain him or waiting to see if the unarmed officer was able to catch up to him.
But Officer A’s defence barrister, Philip Strickland SC, said his client had been trained to act in accordance with the Crimes (Administration of Sentences) Act under which prison guards are allowed to discharge a firearm if they believe on reasonable grounds that it is necessary to prevent the escape of an inmate.
The jury heard four weeks of evidence in relation to the case, and took just over a day to reach its verdict.
They found Officer A not guilty of murder, and also acquitted him of the alternative charge of manslaughter.
The Sydney Morning Herald reports that as Officer A left the court he said he was ‘very sad’ that the shooting had occurred.
When asked if he would remain a Corrective Services officer, he reportedly responded: ‘I’ll have a look at that tomorrow’.
The Herald also reports that, as she left the court Mr Johnstone’s mother Kerry said she was ‘so relieved it’s all over and done with, and obviously justice is served’.
She said she was disappointed for her son, but ‘he knew he did the wrong thing in running’.
‘There’s no winners, just no winners at all,’ Ms Johnstone reportedly said, while becoming emotional.
‘Let’s change the system; no more guns. Bring in the Tasers or something – no guns so no one else has to go through it again.’
In widely reported comments after the verdict, Stewart Little, general secretary of the NSW Public Service Association welcomed the verdict.
‘We have stood shoulder-to-shoulder with our member since day one and we welcome the end to what has been a deeply harrowing experience for him,’ Mr Little said.
‘The PSA has nothing but sympathy for the deceased and his family. However, it is important that the community understand the dangers faced by prison officers everyday. Officer A has been through hell because he did his job. He never asked to be put in a situation where he had to use his firearm. He never wanted that. He has been traumatised by it.’
Mr Little said the case showed that the legislation needed to be changed to protect prison officers doing their jobs.
‘Alternatively prison officers need clarity on whether allowing prisoners to escape is an option so they can take that into account when they deploy their firearms if a prisoner runs away. If prison officers are being given firearms they are really not meant to use then the government must find other alternatives like shorter leg restraints, or leg restraints connected to arm restraints or TASERs.’
The trial was the second Officer A had faced. He was initially tried last year, with the jury unable to reach a verdict.
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