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ABC News
ABC News
National
Hannah Ross and Nakari Thorpe

NSW Corrective Services officer faces murder charge over Dwayne Johnstone's death

Eleven seconds of CCTV footage has shown the moments during which a NSW Corrective Services officer shot an Indigenous man as he tried to flee custody outside a hospital in northern NSW.

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

Officer A is standing trial in Sydney Supreme Court for the murder of 43-year-old Dwayne Johnstone on the street outside Lismore Base Hospital on the evening of March 15, 2019.

Officer A has pleaded not guilty to the charge.

Crown prosecutor Ken McKay told the jury they would ultimately need to decide whether Officer A believed he had reasonable grounds for shooting Mr Johnstone to prevent him from escaping.

Mr McKay tendered the video as evidence, asking the jury to note the footage of Mr Johnstone running across the road, followed by two Corrective Services officers, including Officer A running with an arm extended.

The court heard that two flashes of light visible in the video were from the .38 Smith and Wesson revolver carried by Officer A.

The court heard they were followed by a third shot four seconds later, at which point Mr Johnstone could be seen crumpling to the ground.

"Ultimately his life could not be saved," Mr McKay said.

The court heard Mr Johnstone was handcuffed and had restraints on his ankles linked by a 41 centimetre long chain during his time at hospital and as he fled.

The court heard that during a police interview three days after the shooting, Officer A said he decided to discharge his firearm when he identified Mr Johnstone was running.

Mr McKay said Officer A's colleague would be giving evidence that he heard Officer A yell out twice, "Correctional Services officer, stop or I will shoot".

The court heard he would also give evidence that Officer A yelled at him to get out of the way.

Family and friends of Mr Johnstone held a smoking ceremony outside the court this morning.

His mother, Kerry Shanahan, said she was glad the court date had finally arrived.

"I am a grieving mother and I just want justice for my son," Ms Shanahan said.

The trial is expected to run for three weeks, with the court expected to hear tomorrow from defence barrister Philip Strickland.

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