Dwayne Johnstone, who was allegedly fatally shot dead by prison officers at Lismore Base Hospital in 2019. Picture: Tim Hunter.
Dwayne Johnstone, who was allegedly fatally shot dead by prison officers at Lismore Base Hospital in 2019. Picture: Tim Hunter.

Officer charged with manslaughter has court order upheald

A court order to not publish the name of the NSW Corrective Services officer charged with manslaughter of an Aboriginal man in custody outside Lismore Base Hospital has been upheld.

Richmond Police District officers were called to Lismore Base Hospital about 7.30pm on March 15, 2019 after reports of a shooting outside the facility.

Numulgi man Dwayne Johnstone, 43, had allegedly been shot by a Corrective Services officer while attempting to escape custody.

Jenny Johnstone, George Johnstone, Dwayne Johnstone and his partner Kirsty Pepper.
Jenny Johnstone, George Johnstone, Dwayne Johnstone and his partner Kirsty Pepper.

Mr Johnstone was immediately treated in hospital but died a short time later.

Strike Force Degance was established to investigate the circumstances surrounding the incident.

The matter was heard by Magistrate O‘Sullivan at a Coronial Inquest in October 2020, where she made the decision to refer her findings to the Director of Public Prosecutions and suspend the inquest until the DPP’s investigation concluded or a verdict has been delivered by a jury.

Following extensive inquiries and the coronial inquest, a 57-year-old man was charged with manslaughter.

Dwayne Johnstone and his partner Kirsty Pepper
Dwayne Johnstone and his partner Kirsty Pepper

His matter was heard in a closed court setting at Lismore Local Court on March 29, where a non-publication order was challenged.

However, Magistrate Jeff Linden upheld the interim orders preventing the accused’s name from being published.

The matter will return to court for further mention on May 26.

The accused remains on bail.

 


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