Senior Constable Kristian White has been found guilty of the manslaughter of Clare Nowland, 95. Picture / NewsWire, Nikki Short
Senior Constable Kristian White has been found guilty of the manslaughter of Clare Nowland, 95. Picture / NewsWire, Nikki Short
A police officer has been found guilty of the manslaughter of a 95-year-old woman after he said “bugger it” and fired his service Taser at her at a rural nursing home.
Clare Nowland died of injuries sustained when Senior Constable Kristian White, 34, discharged the weapon at her chest in the Yallambee Lodge nursing home in Cooma, NSW on May 17 last year.
The jury heard he issued several warnings as she approached him with both hands on her walking frame and holding a knife, before he said “bugger it” and fired the weapon at her.
Nowland fell backwards and struck her head on the floor, sustaining critical injuries.
Nursing home staff, paramedics, and police can be seen searching for Clare Nowland, 95, in the minutes before she was fatally tasered by Senior Constable Kristian White.
Constable White faced a trial in the NSW Supreme Court this month after pleading not guilty to manslaughter over the great-grandmother’s death.
After eight days of testimony from witnesses and White himself, the four women and eight men of the jury retired to consider their verdict last Wednesday.
After four days of deliberation, the jury found White guilty of unlawfully killing Nowland either by way of criminal negligence or a dangerous or criminal act.
Audible gasps and sobs could be heard emanating from the public gallery where Nowland’s loved ones sat gathered together as the verdict was read out.
In a statement through their lawyer, the Nowland family said: “The family will take some time to come to terms with the jury’s confirmation that Clare’s death at the hands of a serving NSW police officer was a criminal and unjustified act.
“The family would like to thank the Judge and jury for carefully considering the matter and the DPP prosecution team for their hard work.”
Leaving court, one of Nowland’s family members said she was “very happy” with the outcome.
One man clapped another on the shoulder in an apparent show of solidarity after the verdict was announced.
The police officer hung his head and kept his eyes down. His brow was furrowed but he otherwise kept his face blank.
Clare Nowland died after she was tasered by a police officer in her Cooma aged care home. Photo / Supplied
He will face sentencing later this year.
The Crown applied for White to be taken into custody following the verdict, but Justice Ian Harrison said he needed more information about the proposed custodial conditions.
“So that there’s no secret about it, I will not commit a policeman to custody until I understand the conditions under which he will be held, if he is to be held,” Justice Harrison said.
He adjourned the decision until Thursday.
Justice Harrison added: “It goes without saying that in the interim, I propose to continue bail until that issue is determined to my satisfaction.”
White did not speak as he strode out of court, flanked by his fiancee, and got into a waiting car.
The jury was persuaded by Crown prosecutor Brett Hatfield SC that breached the duty of care he owed to the Nowland because his actions “involved such a high risk that really serious bodily harm would occur to (her).”
Hatfield argued the discharge of the Taser was a disproportionate response to the situation, given the great-grandmother’s advanced age, frailty, lack of mobility, and symptoms of dementia.
“This was such an utterly unnecessary and obviously excessive use of force on Mrs Nowland that it warrants punishment for manslaughter,” he told the jury during his closing statement on Tuesday.
In delivering a guilty verdict, the jury rejected the defence put by White’s barrister Troy Edwards SC that the response was commensurate with the threat posed by Nowland carrying a knife.
He maintained White’s decision to deploy his Taser was in line with his duty as a police officer to protect others and prevent a breach of the peace.
Constable White and Acting Sergeant Jessica Pank were called to Yallambee Lodge to respond to a triple-0 call for assistance with a “very aggressive resident” who was holding two knives.
The court has heard Nowland entered the rooms of four residents prior to their arrival just before 5am, and she had thrown a knife at one of the nursing home staff.
“It’s not the case that the accused could have turned on his heels … It was his job to obtain a resolution,” Edwards said in his closing statement on Tuesday.
“He had to disarm her.”
Hatfield dismissed the defence, telling the jury they might consider that White’s words “bugger it” showed he was “fed up, impatient, not prepared to wait any longer.”
White’s interaction with Nowland lasted less than three minutes, one of which was spent holding a Taser at her before pulling the trigger.
The jury heard she found it difficult to follow instructions and became uncharacteristically aggressive before her death, which a geriatrician attributed to her undiagnosed dementia.
She weighed less than 48kg and relied on her walking frame to shuffle around the nursing home, the court was told.
Nowland is survived by eight children, 24 grandchildren and 30 great-grandchildren, many of whom sat in the public gallery throughout the duration of the trial.
