lismore base hospital – Michmutters
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Australia

NSW corrections officer faces upgraded charge of murder over death of Indigenous inmate

More than 5,000 NSW Corrective Services officers will strike for 24 hours on Friday in response to one of their colleagues facing an upgraded murder charge over the fatal shooting of an inmate in 2019.

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

Indigenous man Dwayne Johnstone, 43, had received treatment and was leaving Lismore Base Hospital while shackled in March 2019 when he attempted to escape custody.

A Corrective Services officer fired three shots, with Mr Johnstone dying from a single bullet wound, despite receiving medical care, an inquest has previously heard.

The officer, who cannot be named due to a court suppression order, was previously charged with a manslaughter.

“All the available evidence in this matter, including newly subpoenaed material, has been reviewed in preparation for the upcoming trial,” a spokesperson for the NSW Office of the Director of Public Prosecutions said.

“The Director has determined that the appropriate charge is one of murder.”

Dwayne Johnstone
Dwayne Johnstone was shot and killed by a corrective services officer.

Public Service Association General Secretary Stewart Little said members would strike from 6am on Friday, affecting all areas of the correctional system and “very, very limited movements of inmates.”

Mr Little said a duty of care will be provided to inmates, with commissioned officers still deployed on sites and critical legal visits allowed.

“There is a huge degree of anger at this charge being brought,” he said.

Mr Little said both the original and upgraded charge came as “a shock” and the officer had an “impeccable record”.

“Every day, our members look after over 12,000 inmates across the prison system,” he said.

“When they have to take those inmates into the community, their job is to protect the community from those people.”

Mr Little said the events had caused members to question how they will deploy their weapons in the future.

He also called on the state government to support the “very difficult and dangerous job” they perform.

Mr Little said weapons carried by Corrective Services officers were not there “for show”.

“Inmates are under absolutely no illusion, when they’re on escort, they are told unequivocally if you try to escape that weapon can and will be deployed to prevent you escaping.”

The officer was granted bail last year when a magistrate requested he surrender his passport and not travel outside Australia.

Mr Johnstone’s mother, Kerry Crawford-Shanahan had traveled from Sydney to Lismore for the hearing, only to be told it would take place in a closed court.

The case returns to court next month.

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