A police officer who fatally fired his Taser at a great-grandmother says he “needed” to fire his weapon even though he was not “meant to Taser elderly people”, a court has been told.
Police constable Kristian James Samuel White was supported by his wife as he walked to the New South Wales Supreme Court in Sydney on Monday morning.
The 34-year-old man has pleaded not guilty to manslaughter and will fight the charge during a three-week trial.
He is accused of killing 95-year-old Clare Nowland after he was called to the Yallambee Lodge nursing home in Cooma, southern New South Wales, 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 of a knife-wielding resident who was described as “aggressive”.
The court was told Ms Nowland could not be located when police arrived at the hostel around 5am, but she was later found sitting in a room with her four-wheeled walker and a knife.
Hatfield said he was asked to put the knife down several times by Officer White, who then said “screw it” and discharged his Taser into his chest.
Mrs Nowland, who had symptoms of dementia, fell backwards and suffered “inoperable” injuries. He died in the hospital less than a week later.
Kristian White (pictured) is on trial in the New South Wales Supreme Court and has pleaded not guilty to the manslaughter of a great-grandmother who died after he discharged his Taser.
“The Crown alleges that (Officer White’s) conduct amounts to manslaughter by criminal negligence or manslaughter by an unlawful and dangerous act,” Hatfield said.
He claimed the 34-year-old breached his duty of care towards Ms Nowland and his actions fell “well below” the reasonable standard of care expected of a police officer.
The Crown will explore whether the police officer’s force exceeded what was reasonably necessary, given Ms Nowland’s age, frailty and lack of mobility.
However, Constable White’s barrister Troy Edwards SC argued it was “the sworn duty of a police officer to stop the threat and counter the risk” Ms 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” at the care home on the morning of May 17.
“I’ve taken a look and we’re not supposed to use Tasers on seniors, but under these circumstances I needed it,” Officer White reportedly told a colleague after the incident.
Edwards said his client’s explanation for his actions had not changed since he used his Taser.
“As a violent confrontation was imminent and to prevent injury to police, the Taser was discharged,” Officer White wrote in an incident report that day.
Officer White is currently out on bail (pictured arriving at court on Monday)
Edwards said the police officer had become aware of Ms Nowland’s “increasing aggression” and her “decreased cognitive function” when he responded to the call.
The court was told the great-grandmother had become violent towards nursing home staff and hospital workers before May 2023, including hitting and attempting to bite those helping her.
In the hours before Officer White arrived at the house with his colleague, Mrs Nowland had been seen carrying two knives. He threw one at a carer but it landed on the ground, the court was told.
“A reasonable person in Officer White’s position would not consider the use of force to be disproportionate to the risk,” Edwards said.
“Officer White was performing his duty when he discharged his Taser.”
Hatfield said the nearly three-minute confrontation had been captured by body cameras and surveillance footage at the nursing home, which would be shown during the trial.
Clare Nowland’s family and friends packed the public gallery on the first day of the trial (pictured)
Mrs Nowland’s daughter Lesley Lloyd received a call about her mother in the evening and offered to help, but received no response from staff until she was called to inform her of her mother’s fall.
She told the court that she had rushed to the hospital and was told around 6am that her mother would not survive the brain haemorrhage.
Mrs. Nowland is survived by eight children, 24 grandchildren and 30 great-grandchildren.