A rural police officer has rejected an early argument that he was acting in self-defence when he allegedly Tasered 95-year-old Clare Nowland to death in a nursing home.
Senior Constable Kristian James Samuel White has pleaded not guilty to manslaughter over the great-grandmother’s death and will face trial later this year on the charge.
The 33-year-old was called to Yallambee Lodge nursing home in Cooma on May 17 last year after the elderly dementia patient was found holding a knife.
Prosecutors allege he asked the 95-year-old woman to drop the knife before yelling “fuck it” and firing his Taser at her chest.
Mrs Nowland, who weighed just 43kg and was using a walker at the time, suffered a brain injury when she fell backwards. She died in hospital days later.
On Wednesday, Constable White’s lawyer, Troy Edwards SC, told the NSW Supreme Court he did not expect to uphold the stated argument that his client had acted in self-defence.
He revealed the change when he filed an application for the case to be heard by a judge rather than a jury, which was opposed by the Crown prosecutor.
Chief Common Law Judge Mr Justice Ian Harrison said a hearing for the plea should be scheduled as soon as possible before Officer White’s trial begins in November.
Kristian White, the NSW police officer accused of using a Taser on Clare Nowland at an aged care facility, pictured outside Cooma courthouse. Image: NCA NewsWire/Adelaide Lang
“The difficulty is… that you are expected to have a qualified use of force expert represent the accused and provide a report,” Edwards said.
‘The report is expected to be due on 7 October.’
He said the contents of the report could be important to the debate over whether the trial should be held before a single judge.
Judge Harrison set the hearing for October 14.
Mr Edwards warned the court that testimony from a senior sergeant presented by the prosecution as a police expert “would ultimately be challenged”.
“The question is whether there are exceptional circumstances as required by police standards,” he said.
Crown prosecutor Brett Hatfield SC said that was the prosecution’s case at the moment but that it was “considering our position on this” as the trial approaches.
The court was told the parties were also working to resolve a compilation of CCTV and body camera footage relating to the alleged fatal assault.
Officer White is expected to fight the charge during a four-week trial in the state’s highest court in November.
However, Mr Hatfield said it was a “conservative estimate” and the trial should conclude sooner than expected.
Clare Nowland died in May after allegedly being electrocuted at her nursing home.
Police maintain the senior officer’s use of the Taser against Ms Nowland was “a grossly disproportionate response” and contravened standard operating procedures.
According to court documents, the 95-year-old woman was cornered in an office as she walked slowly toward officers standing at the door.
She was leaning on her walker, but raised her hand slightly to point her knife at a female police officer when she approached.
In response, police allege Officer White activated the Taser’s warning device and pointed it at the great-grandmother’s chest.
“Clare, stop now, look at this, it’s a Taser,” he allegedly warned her.
‘Let it go now, let it go, this is your first warning.’
He allegedly turned on the device and started playing audio before telling her: “Look, you’re going to get tasered.”
The dementia patient allegedly had the knife raised when Officer White said “stop… fuck it” and fired the Taser into her chest.
Police allege the senior officer’s use of the Taser against Ms Nowland was “a grossly disproportionate response” and contravened standard operating procedures.
Mrs. Nowland is survived by eight children, 24 grandchildren and 30 great-grandchildren.
They previously described the allegations against Officer White as “extremely confronting and shocking.”
The rural police officer remains suspended from the New South Wales Police Force with pay.
