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ABC News
ABC News
National

Jury unable to reach verdict in murder trial over shooting death of Indigenous inmate

A jury has been discharged after failing to reach a verdict in the trial of a New South Wales corrections officer accused of murder after he fatally shot a shackled Indigenous man.

Warning: Aboriginal and Torres Strait Islander readers are advised this article contains the name and image of a person who has died.

The accused man, known as Officer A, shot and killed the 43-year-old Indigenous man outside the Lismore Base Hospital on March 15, 2019. 

Dwayne Johnstone was handcuffed and had restraints on his ankles when he tried to escape custody. 

The court heard the officer fired three shots as Mr Johnstone tried to flee, and twice shouted out "stop or I'll shoot". 

The third shot hit Mr Johnstone in the back and he died in hospital a short time later.

The 12 jurors had to decide whether the corrections officer had a lawful reason for the shooting

On Friday they were told they could deliver a majority verdict, but today the court heard that was not possible. 

The jury was discharged and the case will come before the court again early next month for mention. 

The accused man has had his bail continued.

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