Dwayne Johnstone murder trial jury told officer acted lawfully when he shot shackled Indigenous man

A jury has been told a NSW Corrections officer was acting lawfully when he shot and killed a shackled Indigenous man outside the Lismore Base Hospital. 

The accused man, who is referred to as Officer A for legal reasons, is standing trial for the murder of 43-year-old Dwayne Johnstone on the evening of March 15, 2019.

He has pleaded not guilty to the charge.

The court has heard Mr Johnstone was handcuffed and had restraints on his ankles at the time. 

The jury heard the officer fired three shots as Mr Johnstone tried to flee, and twice shouted out "stop or I'll shoot". 

The third shot hit Mr Johnstone in the back and he died in hospital a short time later.

Defence barrister Philip Strickland SC told the court on Monday the regulations surrounding when a Corrections officer could discharge a firearm were clear.

"A correctional officer may discharge a firearm if the officer believes on reasonable grounds that it is necessary to do so in order to prevent the escape of an inmate," he said.

"You may agree with this law or you may disagree with it, you may think it gives officers too much power, but I urge you if you do think that then disregard it. "It doesn't matter if you like the law or you don't like the law."

The defence barrister told the court the drama played out over the course of 11 or 12 seconds. ''He had to make, in a few seconds, a decision of momentous consequence," Mr Strickland said.

The court was told Mr Johnstone was "desperate to escape" and a nurse at the Lismore Base Hospital thought he was overheard offering someone "10 grand if you help me get away".

The court was told the nurse did not alert authorities because they were unsure if they had heard correctly.

Crown prosecutor Ken McKay has argued Mr Johnstone posed no risk to any person and Officer A had no lawful excuse to shoot him. "What you have here is an unarmed offender, in restraints, not posing an immediate threat to anyone," he said.

Mr McKay told the jury corrections officers were trained to make split-second decisions, to always seek a peaceful outcome and to use a firearm as a last resort. "A firearm is the most lethal weapon in the Corrective Services armoury because it has the potential to kill," Mr McKay said.

"You would have no reasonable doubt that the accused intended to inflict really serious bodily harm on the deceased."

The trial continues next week.

https://www.abc.net.au/news/2022-11-04/dwayne-johnstone-murder-trial-jury-police-lawful-shot-man/101618570