Prison officer cleared for shooting escaping inmate

The mother of a man shot dead while trying to escape custody has called for guns to be taken from prison officers as one was found not guilty over the death of her "cheeky boy".

Dwayne Johnstone, 43, died after being shot outside Lismore Base Hospital as he ran in leg shackles from a prison van after receiving treatment on March 15, 2019.

He had been taken to the northern NSW hospital when he collapsed and began convulsing in the court cells after being remanded in custody earlier that day.

Leaving court flanked by supporters on Monday afternoon after being cleared of criminal charges, the officer who shot Mr Johnstone told media he was "very sad" it occurred.

Asked if he would continue working as a prison officer, he said he would "look at that tomorrow".

The officer who cannot be legally identified was initially charged with manslaughter, which was upgraded to murder in August 2022, prompting a strike.

Public Service Association secretary Stewart Little said it has never been explained to the officer why the charge was upgraded, and a coronial inquest suspended when the officer was referred for prosecution still needed to go ahead.

The officer was doing his job, which involved firearms he was trained to use, Mr Little said.

"This officer at all times acted in accordance with his training, and again, we think that was reflected in this decision," he said outside Sydney's Darlinghurst Supreme Court following the not guilty verdicts for murder and manslaughter.

"The government are going to have to look at this and whether there is some sort of legislative reform required," he added.

Mr Little suggested shortening "extraordinarily long" leg restraints.

"We've had a number of escapes where inmates have run out of sight, even in pure daylight, wearing these leg restraints," Mr Little said.

Mr Johnstone's mother Kerry Shanahan also called for reform.

"Just get rid of the guns so no one else has to go through it," she told media.

She said there were no winners from the not guilty verdicts but was relieved the trial was over.

"(The officer) has got to live with it for the rest of his life. I have to live with not having my son."

She remembered hearing from her son about a new girlfriend days before he died.

"He was cheeky, but he was my cheeky boy," she said.

Defence lawyers told the jury that Officer A identified himself as a corrections officer and shouted "stop or I'll shoot" before firing.

Mr Johnstone was taken back to the hospital after being shot but died about two hours later.

Officer A told police Mr Johnstone was running quickly and he did not believe he or other corrections officers would be able to catch up, despite restraints around his ankles.

Mr Johnstone had earlier been remanded in custody on charges of assault and possession of a stun gun.

Last year the jury in a trial over the same incident was discharged after it was unable to reach a verdict following nearly a week of deliberations.

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