Our client, we'll call him Barry*, faced a traumatic and very public loss when his father, Dwayne Johnstone, was fatally shot by a Corrective Services officer. Dwayne, a 43-year-old Aboriginal man, was killed while attempting to flee outside Lismore Hospital, still shackled in hand and ankle cuffs.
The tragedy, which gained national media attention, revealed serious systemic failures in how authorities handle vulnerable people in custody. Barry turned to our civil lawyers at O'Brien Criminal & Civil Solicitors to help him seek justice. We helped him successfully bring a civil claim against the State of New South Wales for the psychological harm he suffered.
Read our case study about it here.
What Happened to Dwayne Johnstone
In 2019, Dwayne was refused bail at Lismore Local Court. While in the court holding cells, he suffered an epileptic seizure and was taken to hospital for treatment. Despite known health risks and his previous history of escape attempts, he was restrained with both handcuffs and ankle cuffs. He was being supervised by two officers, one of whom had just two months' experience.
After hospital treatment, Dwayne was being escorted back to a Corrective Services van when he attempted to flee. Even with restricted movement due to the ankle cuffs, he was able to break away. One of the officers, armed with a revolver, fired three times. The final shot hit Dwayne in the back. He died shortly after in the hospital emergency department.
How Death of Dwayne Johnstone Impacted His Son
Barry was devastated by his father's violent and public death. The psychological toll was immense. He developed a recognised psychiatric condition involving anxiety, depression, and maladaptive grief. All of these symptoms are what the law recognises as "nervous shock" or psychological injury.
With our assistance, Barry brought a civil claim against the State of NSW. The claim argued that the State had a duty of care, one it clearly breached through a series of critical failures.
Systemic Failures Identified in the Death of Dwayne Johnstone
The case exposed numerous shortcomings, including:
- Inadequate risk assessment processes
- Improper supervision of a high-risk detainee
- Lack of experience among the escort officers
- Breaches of internal policies and safety protocols
- Use of lethal force in a public area despite less dangerous alternatives
These failures not only cost Dwayne his life, they left his son Barry and his family to deal with the devastating emotional fallout.
Case Outcome for son of Dwayne Johnstone
Barry's claim was successful. The court recognised the psychological injury he suffered and the negligence of Corrective Services in allowing the fatal shooting to occur.
This outcome is not just a win for Barry, it's a strong reminder that institutions must be held accountable when they fail in their duty of care to people in custody and to their families.
You Don't Have to Go Through This Alone
If you or someone you love has experienced trauma due to the actions of authorities, we can help. At O'Brien Criminal & Civil Solicitors, we specialise in claims involving wrongful death, psychological injury, and institutional negligence.
*Names and identifying details have been changed to protect client privacy.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
