Jury discharged in homicide trial of NSW jail officer who shot escaping Indigenous inmate | Deaths in custody

A jury has been unable to succeed in a verdict within the trial of a New South Wales jail officer accused of murdering a shackled Indigenous inmate who was shot 11 seconds into an tried escape.

Officer A, as he’s identified for authorized causes, had pleaded not responsible to murdering Dwayne Johnstone exterior Lismore Base hospital on 15 March 2019.

After a three-week NSW supreme court docket trial and practically every week of deliberations, the jury was discharged on Monday.

Johnstone, 43, was being escorted out of the hospital when he shoved one other jail officer and ran throughout the highway, the jury was instructed. The crown argued Johnstone was posing no threat to anybody when shot.

Officer A drew his work-issued revolver, shouted a warning after which fired 3 times at Johnstone whose wrists and ankles have been restrained. The final spherical struck Johnstone within the again.

“All that is occurring in 11 seconds,” crown prosecutor Ken McKay SC instructed the Sydney trial.

In a police interview, the officer admitted aiming at Johnstone’s centre of mass, which McKay stated represented one component of homicide.

However the officer’s barrister stated he was fulfilling an obligation to stop an escape, believing he and his colleague wouldn’t be capable of chase down the working Johnstone.

“He didn’t achieve this out of malice, out of revenge, out of anger,” Philip Strickland SC stated.

Officer A yelled “cease or I’ll shoot” twice and fired two warning pictures, as per coaching for coping with an escape, Strickland stated.

“It’s essential to give a warning to the individual escaping to provide them an opportunity to cease. Not as soon as however a number of instances,” he stated.

Johnstone had been arrested the day earlier than and charged with assault and possession of a Taser. He was taken to hospital after dealing with court docket and being remanded in custody.