Prison officer who shot escapee Dwayne Johnstone dead found not guilty

A prison officer charged with murder after shooting dead Dwayne Johnstone, an escaping prisoner, has been found not guilty.

Dwayne Johnstone, who was shot dead by prison officers at Lismore Base Hospital last month while under the influence of Ice. Picture: Tim Hunter.

A prison officer charged with murder after shooting dead a shackled man escaping from his prison van has been found not guilty - and the dead man’s family agree.

To audible gasps of relief and tears from family in Darlinghurst Court, the Corrective Services officer was found not guilty of both the murder and manslaughter of 43-year-old escapee Dwayne Johnstone in March 2019.

Stunningly, that relief was shared by Mr Johnstone’s mother Kerry Crawford who on hearing evidence during the trial switched and supported the prison guard, who can only be identified as Officer A.

Dwayne Johnstone, 43, who was shot dead in 2019.

Mr Johnstone was handcuffed and wearing ankle shackles when he fled and was shot dead after breaking free from his armed escort visit to Lismore Base Hospital.

“I loved my son but he did the wrong thing,” Ms Crawford said outside court. “He (Officer A) and his family has to live with This the rest of his life and it would not bring Dwayne back, this is closure for me and them. He didn’t expect to have to shoot anyone when he woke that morning … maybe they could change laws and issue them with tasers or something not guns … but he didn’t do the wrong thing, he did his job.”

Such was the union, Ms Crawford even insisted on giving Officer A a hug at one point during trial when he went to apologise for her loss. The officer’s daughter also made Ms Crawford a dream catcher as a gift which she said she loved.

Kerry Crawford whose son Dwayne Johnstone was shot dead by Officer A. Picture: Tim Hunter.

It was the second time the matter was heard before court with a trial this time last year resulting in a hung jury; this time the verdict was unanimous.

Mr Johnstone, who had been in and out of jail for decades, was on remand for a serious assault when he attempted the escape.

“You got me chief,” the NSW Supreme Court was told Johnstone, a maximum security prisoner, said before he died.

The whole episode from escape to death lasted 11 seconds, some of which was captured on CCTV cameras. Analysis of the CCTV images determined he was moving about four metres per second when shot.

It is believed to be the first time in NSW criminal history where a death in custody has resulted in a charge of murder.

The fatal shooting outside Lismore Base Hospital.

Deliberations took a little over one day.

Unusually, many of the witnesses in the case supported the version of the events as described by Officer A and by NSW Police, but the DPP still pursued a charge of murder, for reasons which are not clear.

The court heard Mr Johnstone was taken into custody after being refused bail by the Lismore courts but was taken to hospital after an apparent fit in the court’s cells.

After being medically cleared by the Lismore Base Hospital staff he offered one nurse $10,000 to help him escape. As he was being returned to the prison van he made a break but not before making a phone call to a friend.

Dwayne Johnstone, 43, was attempting an escape when he ignored warning before being fatally shot.

The shooting prison guard was initially investigated by NSW Police and found to have acted under the law and in line with his training in using lethal force with his .38 Smith and Wesson revolver to prevent an escape.

The matter went to the coroner but the DPP reviewed the case and first ordered he be charged with manslaughter and later murder, as they questioned the right for prison officers to be allowed to use force to prevent an escape.

Mr Johnstone was shot under regulation 303 that states a correctional officer may discharge a firearm if they believe on reasonable grounds it is necessary to do so in order to prevent an escape. Ironically, had he not fired his weapon he could have been charged with not doing his duty.