An inquiry into the death in custody of Wiradjuri man Dwayne Johnstone has been referred to the Office of the Director of Public Prosecutions.
Mr Johnstone was handcuffed and shackled when he was fatally shot by a corrective services officer, outside Lismore Base Hospital in March, 2019.
The 43 year old had run from two officers who were escorting him from the hospital to a corrective services van.
Mr Johnstone had received treatment at the hospital after appearing to have a seizure in a holding cell at Lismore courthouse.
State Coroner Theresa O’Sullivan said after reviewing the evidence, she felt the threshold had been met to refer the matter to the DPP to consider prosecution of the officer who shot Mr Johnstone.
She said she understood it would be ‘a difficult time for everybody’ including the officer involved.
A coronial inquest into Mr Johnstone’s death has been suspended. The DPP will now consider the matter for prosecution.