WARNING: This story contains the name and image of an Aboriginal person who has passed.
A prison officer charged with the murder of an Indigenous inmate has been found not guilty.
The Officer, known as Officer A, pleaded not guilty in the retrial at the NSW Supreme Court.
His lawyers argued the officer was specifically trained to prevent the escape on an inmate, saying it was his "legal duty".
"Every inmate who escapes, every inmate, is regarded as a potential danger to the public," said defence barrister Philip Strickland.
He said he believed Officer A's use of his gun was appropriate.
The prosecution, however, said that Officer A did not pursue non-fatal options to stop Mr Johnstone from escaping.
The jury was briefed for four weeks and decided within a day that Officer A was not guilty.
Fatally shot outside hospital
On March 15, 2019, Dwayne Johnstone was being escorted to Lismore Base Hospital. He had been taken into custody that day, after an alleged assault and was said to have suffered fainting and convulsions in the cell at Lismore Courthouse.
The court was told the officer charged, known as Officer A due to a suppression order, believed Mr Johnstone's behaviour to be "demanding, threatening, intimidating".
After his assessment, the 43-year-old was escorted by Officer A, who was armed, and a second unarmed officer.
Mr Johnstone was restrained at the wrists and ankles. CCTV shows him bending down to adjust the pair of cuffs on his legs, pushing the unarmed officer away and running.
Officer A drew his weapon, and said "Correctional officer, stop or I'll shoot". Mr Johnstone did not stop, so Officer A fired three shots.
The third shot was fatal, hitting Mr Johnstone in the back.
Two years after Mr Johnstone's death, Officer A was charged with manslaughter, and in August of 2022 the charge was upgraded to murder.
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