Cop ‘needed’ to Taser 95yo: court
A police officer who fatally discharged his Taser at a great-grandmother allegedly claimed he “needed to” discharge his weapon even though he wasn’t “meant to tase elderly people”, a court has been told.
Senior Constable Kristian James Samuel White was supported by his wife as he walked into the NSW Supreme Court in Sydney on Monday morning.
The 34-year-old has pleaded not guilty to manslaughter and will fight the allegation during a trial that is scheduled to run for three weeks.
He is accused of killing 95-year-old Clare Nowland after he was called to Yallambee Lodge nursing home in Cooma, in southern NSW, to respond to an incident in the early hours of May 17 last year.
Crown prosecutor Brett Hatfield SC told jurors Constable White had been called to assist carers with a resident who was wielding a knife and described as “aggressive”.
The court was told Mrs Nowland could not be located when police arrived at the lodge around 5am, but she was later found sitting in a room with her four-wheeled walking frame and a knife.
Mr Hatfield said she was asked to put down the knife a number of times by Constable White, who then said “bugger it” and discharged his Taser at her chest.
Mrs Nowland, who displayed symptoms of dementia, fell backwards and sustained “inoperable” injuries. She died in hospital less than a week later.
“The Crown alleges (Constable White’s) conduct amounted to manslaughter on the basis of either criminal negligence or manslaughter by an unlawful and dangerous act,” Mr Hatfield said.
He claimed the 34-year-old breached his duty of care to Mrs Nowland and his actions fell “far short” of a reasonable standard of care expected of a police officer.
The Crown will explore whether the police officer’s force exceeded that which was reasonably necessary, given Mrs Nowland’s age, frailty and lack of mobility.
However, Constable White’s lawyer Troy Edwards SC argued it was “the sworn duty of a police officer to stop the threat and counteract the risk” Mrs Nowland posed to herself and others while holding the knife.
He said police officers have a duty “to prevent a breach of the peace” which was “exactly what was occurring” in the aged care home on the morning of May 17.
Mr Hatfield said he expected evidence would be given about a conversation Constable White had with a colleague after the incident.
“I’ve had a look and supposedly we aren’t meant to tase elderly people, but in this circumstance I needed to,” he is alleged to have said.
Mr Edwards said his client’s explanation for his actions had not changed since he deployed his Taser.
“As a violent confrontation was imminent and to prevent injury to police, the Taser was discharged,” he said Constable White wrote in an incident report on the day.
Mr Edwards said the police officer had been made aware of Mrs Nowland’s “increasing aggression” and “declining cognitive function” when he responded to the call.
The court was told the great-grandmother had become violent with nursing home staff and hospital workers prior to May 2023, including punching and attempting to bite those assisting her.
In the hours before Constable White arrived at the home with his colleague, Mrs Nowland had been seen carrying two knives. She threw one at a carer but it landed on the ground, the court was told.
“A reasonable person in Constable White’s position would not consider the use of force was disproportionate to the risk,” Mr Edwards said.
“Constable White was acting in the execution of his duty when he discharged his Taser.”
Mr Hatfield said the nearly three minute confrontation had been captured on body-worn cameras and surveillance footage at the nursing home, which would be shown during the trial.
The nearly three minute altercation had been captured on body worn cameras and surveillance footage at the nursing home, which will be played for the jury.
Mrs Nowland’s daughter Lesley Lloyd received a call about her mother in the night and offered to assist, but she didn’t hear back from the staff until they called to inform her about her mother’s fall.
She told the court she had rushed to the hospital and was told around 6am that her mother would not survive the brain bleed.
Mrs Nowland is survived by eight children, 24 grandchildren and 30 great-grandchildren.