Corrections officer charged over shooting death of Indigenous man

<i>Why?  It was part of an officer's duty to fire on a fleeing offender to prevent him escaping.  The Aboriginality of the offender explains the charge.  Blacks are innocent, don't you know?  All shootings of blacks are therefore suspect

It is true that shooting a fleeing felon in the back is disallowed for police -- with some justification.  But prison officers have their own rules and they are allowed to shoot at a fleeing felon if the felon would otherswise escape.  

And the guy fleeing in this case was a real bad egg who had previously got away with heaps.  So there was no call for mercy </i>

A NSW Corrective Services Officer has been charged with the manslaughter of an Indigenous prisoner who was fatally shot while handcuffed outside a hospital in northern NSW.

Wiradjuri man Dwayne Johnstone, 43, was shackled and running away from two corrections officers at Lismore Base Hospital when he was shot in the back on March 15, 2019. He was immediately treated in hospital but died a short time later.

Richmond Police District established Strike Force Degance to investigate.

Mr 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 Director of Public Prosecutions.

Police say that, following extensive inquiries, a 57-year-old man attended Lismore police station on Friday and was issued with a court attendance notice for an allegation of manslaughter.

He is due to face Lismore Local Court on March 29.

The inquest heard Mr Johnstone, who had a history of escaping custody, had been taken to hospital while on remand after having 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 officers cannot be named for legal reasons.

The inquest heard the armed officer fired three shots, and the third shot hit Mr Johnstone in the mid-back, going through his aorta, liver and diaphragm.

Counsel assisting the coroner Peggy Dwyer told the inquest in October that armed corrections officers carry guns but, unlike police, are not equipped with non-lethal weapons, such as Tasers, extendable batons or capsicum spray.

She said corrections officers might legally discharge firearms in a number of circumstances, including “to prevent the escape of an inmate” – with a number of provisos, including that a warning must be given and there cannot be reasonable grounds to believe the shot could hit another person.

https://www.smh.com.au/national/nsw/corrections-officer-charged-over-shooting-death-of-indigenous-man-20210205-p56zy9.html