A NSW Corrective Services officer will face District Court for the alleged manslaughter of Aboriginal man Dwayne Johnstone, who was fatally shot outside Lismore Base Hospital in 2019
The case of an NSW Correctional Services officer charged with the alleged manslaughter of Aboriginal man Dwayne Johnstone has made a significant step forward.
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The NSW Corrective Services officer charged with the manslaughter of an Aboriginal man in custody outside Lismore Base Hospital has seen his case advance to Lismore District Court.
Richmond Police District officers were called to Lismore Base Hospital about 7.30pm on March 15, 2019 after reports of a shooting outside the facility.
Numulgi man Dwayne Johnstone, 43, was allegedly shot by a Corrective Services officer while attempting to escape custody.
Mr Johnstone was immediately treated in hospital but died a short time later.
Strike Force Degance was established to investigate the circumstances surrounding the incident.
The matter was heard by Magistrate O’Sullivan at a Coronial Inquest in October 2020.
At that time, Ms O’Sullivan made the decision to refer the matter to the Director of Public Prosecutions and suspend the inquest until the DPP’s investigation concluded or a verdict has been delivered by a jury.
Following extensive inquiries and the coronial inquest, a 57-year-old man was charged with manslaughter.
His matter was heard again in Lismore Local Court on May 26.
Many of Mr Johnstone’s family members were present to hear the court proceedings.
The DPP prosecutor said the manslaughter charge was now certified and ready to proceed to Lismore District Court.
The man’s solicitor has meanwhile filed a section 82 application, giving the magistrate the ability to call up witnesses for the upcoming committal proceedings.
There are expected to be eight witnesses giving evidence in relation to the matter.
NSW Department of Communities and Justice solicitor Alexander Robert Jobe also made a push to add additional non-publication orders to the case.
The orders, which include a permanent suppression of the accused’s name and a suppression on the Corrective Service’s court files, were granted.
The matter will return to court September 16 for a hearing to determine the outcome of the s82 application.