WARNING: This story contains an image of an Indigenous person who is deceased.
The state’s top prosecutor wants to charge a prison officer with murder after he allegedly shot a shackled Aboriginal man in the back. The action by the DPP has triggered a 24-hour strike starting on Friday by correctional staff in protest.
Wiradjuri man Dwayne Johnstone, 43, was handcuffed, shackled and running away from two corrections officers at Lismore Base Hospital when shot on March 15, 2019, a coronial inquest was told. He was immediately treated in hospital but died a short time later.
Dwayne Johnstone was allegedly shot as he attempted to escape Lismore Hospital in 2019.Credit: Facebook
The Corrective Services NSW officer who fired the three shots and cannot be identified except by the pseudonym “Officer A”, was charged with manslaughter last year.
New evidence reviewed for Officer A’s trial has led the state’s Director of Public Prosecutions to apply to upgrade the initial charge in the Supreme Court.
“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,” the Office of the DPP said in a statement.
In response, the Public Service Association (PSA) has announced the state’s prison officers will go on strike for a 24-hour period starting on Friday at 6am supporting Officer A and seeking clarity around the use of firearms.
“Prison officers are responsible for escorting terrorists and murderers in the community all the time,” the PSA’s Stewart Little told the Herald.
“They are deployed with firearms in the expectation they may have to use them in an escape situation. If they are not to use weapons, they should not be deployed with them.”
Corrective Services NSW is trying to stop the strike in the Industrial Relations Commission, it said in a statement.
Dwayne Johnstone was running away from two corrections officers at Lismore Base Hospital when shot in March 2019.Credit: Lisa Wiltse
“All NSW prisons will continue operating securely during strike action. All essential services will be maintained,” a spokesperson said.
“Centres will not be facilitating family visits or court appearances during the strike.”
Johnstone’s death was the subject of an inquest before State Coroner Teresa O’Sullivan, who on the third day of proceedings referred the matter to the DPP in October 2020.
“After having regard to all the evidence before me at this stage I have formed the opinion that the threshold ... has been reached. I am going to refer it to the DPP,” O’Sullivan said at the time.
The inquest heard Johnstone, who had a history of escaping custody, had been taken to hospital while on remand after suffering an epileptic seizure in the cells of Lismore Court House, where he had been denied bail on assault charges.
As he was escorted back to the van by two corrections officers – one of whom was armed with a revolver – he “elbowed” the unarmed officer who had a grip of his pants, throwing him off balance, and started running.
The armed officer fired two shots before a fatal third shot hit Johnstone in the back, going through his aorta, liver and diaphragm.
Johnstone’s family said last year said he was a much-loved partner, son and stepson.
“We will forever remember Dwayne as a funny, bubbly rascal who was a family man at heart. He absolutely adored his partner Kirsty and would go out of his way to help people. He loved animals, enjoyed fishing and lived life to the fullest,” they said in a statement.
The PSA has retained barrister Philip Strickland SC, who was the Crown prosecutor in the failed attempt to prosecute Alice Springs police officer Zach Rolfe for the fatal shooting of Aboriginal man Kumanjayi Walker.
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