The tragic loss of Aboriginal father, Dwayne Johnstone, leads to civil claim for psychiatric injury for his son, our client: Our client, we’ll call him Barry*, lost his father, Dwayne Johnstone, in a shocking incident that drew national attention.
Dwayne, a 43-year-old Aboriginal man, was fatally shot in the back by a Corrective Services officer while fleeing in hand and ankle cuffs after hospital treatment. O’Brien Criminal & Civil Solicitors helped his son, Barry, bring a successful civil claim against the State of New South Wales. He sued for the psychological trauma he suffered following his father’s death.
Case Summary of Dwayne Johnstone’s son
In 2019, while under the custody of NSW Corrective Services, Dwayne Johnstone was shot three times. The final bullet shot him fatally in the back as he ran away in restraints outside Lismore Hospital. Despite his known epilepsy and history of seizures, he was handcuffed and transported without sufficient oversight.
His son, Barry, deeply affected by the circumstances of the death and the public nature of the incident, suffered severe psychological trauma. Represented by O’Brien Criminal & Civil Solicitors, Barry successfully pursued a civil claim for nervous shock and mental harm against the State of NSW.
Detailed Case Overview of What Happened Dwayne Johnstone
Barry’s father, Dwayne Johnstone, was in police custody following a bail refusal when he experienced a seizure in a court holding cell. He was transferred to Lismore Hospital for treatment, where he was placed in handcuffs and ankle restraints despite warnings about his health and history.
NSW Corrective Services officers escorted Dwayne, but failed to properly assess the risk, provide sufficient supervision, or follow internal procedures. When Dwayne was discharged and escorted to a prison van, he made a run for it, still in ankle cuffs. An officer fired three shots; the third bullet fatally struck Dwayne in the back.
The aftermath was devastating for Barry. He suffered from recognised psychiatric injury, including anxiety, depression, and maladaptive grief. The legal team argued that the State owed Barry a duty of care due to the close family relationship and the reasonably foreseeable harm caused by witnessing or learning of the traumatic death.
The claim outlined systemic failures, including:
- inexperienced escort officers,
- policy breaches,
- failure to conduct proper risk assessments,
- and the unreasonable use of lethal force in a public setting.
Case Outcome for Dwayne Johnstone’s son
Barry’s claim was ultimately successful. The case brought attention to serious misconduct and negligence within Corrective Services.
It helped reinforce the State’s responsibility for the safety and dignity of those in custody, and for the emotional fallout experienced by surviving loved ones.
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If you or someone close to you has suffered due to the actions of authorities or through a traumatic loss, you may have the right to seek compensation. Our experienced civil lawyers can help.
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*We always change details in our case studies to protect client confidentiality.
