Lismore Base Hospital inmate death: Corrections officer charged with murder over alleged shooting

A NSW mum is calling for “justice” after her son was allegedly shot by a corrections officer while in handcuffs, with the officer’s charge now to be upgraded from manslaughter to murder.

A Sydney mother whose son died when he was allegedly shot in the back by a corrections officer while handcuffed says she wants “justice for him” after it was revealed the officer’s manslaughter charge would be upgraded to murder.

Aboriginal and Torres Strait Islander readers are advised that this article contains the name and image of a person who has died.

But more than 5000 NSW Corrective Services officers have vowed to strike for 24 hours from 6am on Friday in response to the intention of the Office of the Director of Public Prosecutions to up the officer’s charge.

Dwayne Johnstone, 43, was refused bail in Lismore over an alleged assault when he suffered a possible epileptic fit in his cell and was taken to the city’s hospital in 2019.

Mr Johnstone was hand and ankle-cuffed when he tried to escape before the officer – whose identity is hidden due to a non-publication order – allegedly shot towards him three times, the final shot of which struck him in the back.

An inmate was fatally shot outside Lismore Base Hospital.

The officer was charged with manslaughter last year, but Public Services Association general secretary Stewart Little revealed to 2GB host Ray Hadley on Thursday the ODPP had told his union the officer’s charge would be upgraded from manslaughter to murder.

Kerry Shanahan, Mr Johnstone’s mother who lives in Sydney, told The Daily Telegraph she wanted justice for her son, who had previously been in trouble with the law but had moved north to work on a friend’s garlic farm.

Police search Lismore Base Hospital as part of the investigation of the fatal shooting.

“I want justice for him,” she said.

“He was handcuffed and shackled. Losing your son – it’s horrible.”

The officer has not yet formally been charged with murder, but the ODPP has indicated its intention to amend his charge sheet in the NSW Supreme Court.

Mr Little told The Telegraph the officer had been told he had done everything in accordance with his training.

Dwayne Johnstone was shot and killed at Lismore Base Hospital. Picture: Tim Hunter.

“This has a heavy toll … this officer hasn’t worked since,” Mr Little said.

Mr Little said court appearances and jail visits would be suspended during the strike.

It comes as snap strike will be held by prison officers across NSW after a correctional officer that allegedly shot and killed a 43-year-old Aboriginal man at Lismore Base Hospital learned his manslaughter charges would be upgraded to murder.

The 57-year-old officer, who cannot be named due to a non-publication order, allegedly shot and killed 43-year-old Dwayne Johnstone while he attempted to escape custody on a visit to the regional base hospital on March 15, 2019.

Mr Johnstone was hand and ankle-cuffed at the time of the attempted escape, which saw the unnamed officer allegedly fire three bullets at the inmate.

The final shot allegedly struck the inmate in the back, resulting in him falling to the ground.

The Indigenous man received immediate medical attention, however, later died as a result of his injuries.

Stewart Little, Public Service Association General Secretary pictured speaking to the media behind NSW state parliament House. Picture: NewsWire / Monique Harmer

In February 2021, the correctional officer was charged with manslaughter following an investigation into the death of Mr Johnstone.

However, Public Services Association general secretary Stewart Little told Ray Hadley on Thursday morning the Office of the Director of Public Prosecutions (ODPP) had contacted the union overnight to notify them their client’s charges had been upgraded from manslaughter to murder.

NewsLocal understands the Corrective Services officer has not yet been charged with murder; at this stage the ODPP has indicated its intention to amend the indictment to prefer a charge of murder, and will seek leave in the Supreme Court.

Mr Little told NewsLocal the officer “was told he had done everything in accordance with the training provided at the time of the March, 2019 incident”.

Prison officers across NSW have voted for a snap strike, Mr Little said, which would take place from 6am on Friday.

“The act is clear and the regulation is clear,” Mr Little said. “The training tells them they are given weapons to protect the community from the inmate, they are escorting through the community.

Police have confirmed a man died, after he was shot by Corrective Services officers outside Lismore Base Hospital on the state’s far north coast. Picture: Ryan Curran

“As an inmate, you are told that if you try to escape during escort, the officer will use the firearm to stop you from escaping, it is that clear.

“This has a heavy toll on the officer, this officer hasn’t worked since.”

Mr Little told NewsLocal more than 5000 members would stop work on Friday in protest of the charges from the ODPP, with all activities, court appearances and visits to be suspended as skeleton staff are tasked with overseeing inmates.

Copy photo Dwayne Johnstone, who was shot dead by prison officers at Lismore Base Hospital. Picture: Tim Hunter.

“We are calling on the government to reaffirm their position on the deployment of weapons to protect the community,” he said.

“Officers are questioning transfer processes,” he said. “There will be calls to bolster security during transfers and medical visits as a result of this situation.

A ODDP spokeswoman told NewsLocal “all the available evidence in this matter, including newly subpoenaed material, has been reviewed in preparation for the upcoming trial, and the Director has determined that the appropriate charge is one of murder.”