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ARTICLE · 23 AUGUST 2022

Prison guard charged with murder of aboriginal detainee

Discussion about recent application by ODPP to NSW SC to have a charge laid against CSNSW officer.

AustraliaCriminal Law

The Office of the Director of Public Prosecutions (ODPP) NSW announced on 10 August that it was applying to the NSW Supreme Court to have a charge laid against a Corrective Services NSW (CSNSW) officer, who shot a Wiradjuri man in the back, upgraded from manslaughter to murder.

To charge a prison guard with the murder of a First Nations detainee is unprecedented in Australia. Indeed, charging the prison guard with manslaughter in relation to the death in February last year was already a first in itself.

The unidentified prison officer shot at 43-year-old Dwayne Johnstone three times on 15 March 2019, as the handcuffed and shackled remandee ran from him and a colleague in an attempt to escape out the front of Lismore Base Hospital. The third shot hit Johnstone in the back and proved fatal.

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