The charge against a prison officer accused of fatally shooting a 43-year-old Aboriginal man in 2019 will be upgraded from manslaughter to murder.
On March 15 that year, Wiradjuri man Dwayne Johnstone had been taken into custody earlier that day after being denied bail over assault charges, and appeared to have an epileptic seizure in the cells at Lismore Local Court.
He was taken by ambulance to hospital by two officers and was discharged about 7.30pm after being treated.
He was handcuffed and shackled as he was being escorted back to a prison van when he ran away from the officers.
He was shot at three times by the officer, with the third wounding him. Mr Johnstone was treated, however, died shortly after.
A 2020 inquest into his death was suspended after the coroner referred it to the Department of Public Prosecutions.
In February 2021, the officer was charged with manslaughter but pleaded not guilty.
The announcement of an intended charge upgrade was made by the Office of the Director of Public Prosecutions (ODPP) on Wednesday evening.
"All the available evidence in this matter, including newly subpoenaed material, has been reviewed in preparation for the upcoming trial," said an ODPP spokesperson told NITV News.
"The Director has determined that the appropriate charge is one of murder."
The Public Services Association (PSA) were notified shortly after.
PSA general secretary, Stewart Little told media on Thursday morning that the officer involved, “was told he had done everything in accordance with the training provided at the time”.
“The act is clear and the regulation is clear,” he said.
“The training tells them they are given weapons to protect the community from the inmate, they are escorting through the community.
He also said that the officer involved has not worked since the death.
The announcement of the upgrading of charges has prompted a strike amongst prison staff in a bid for government to "reaffirm their position" on the use of weapons.
