Family stare down cop who tasered 95yo Clare Nowland as son declares he will ‘never forgive’
Family of a great-grandmother fatally tasered by a police officer have stared her killer down in court as they share their grief over his actions.
Breaking News
Don't miss out on the headlines from Breaking News. Followed categories will be added to My News.
The son of 95-year-old Clare Nowland, who was fatally tasered by a NSW Police officer has declared he will “never forgive” the officer responsible, as the great-grandmother’s family stared down her killer in court.
Senior Constable Kristian White, 34, was found guilty in November of the manslaughter of Clare Nowland, 95, following a trial in the NSW Supreme Court.
He had been called to Yallambee Lodge nursing home in Cooma before 5am on May 17, 2023 to assist with Mrs Nowland, whom a nurse described as a “very aggressive” resident holding two knives.
Mrs Nowland, who used a walking frame to move slowly around the home, was holding a single knife and a penlight when White found her sitting in an office after 5am.
He repeatedly told her to drop the blade during a tense two-minute confrontation before he pointed his service Taser at the great-grandmother and activated the warning signals.
The jury was told Mrs Nowland had undiagnosed dementia which made it difficult for her to follow directions. The Taser was pointed at her for a minute before White pulled the trigger.
“Nah … just bugger it,” White said before deploying the Taser probes at her chest.
“Got her.”
Mrs Nowland fell backwards and struck her head on the floor. She died in hospital days later.
After four days of deliberation, the jury unanimously found White guilty of manslaughter on November 27 last year.
After remaining suspended with pay throughout the trial, he was removed from the NSW Police Force days after the verdict was handed down. White is challenging the decision.
On Friday, White faced the NSW Supreme Court for a sentence hearing.
White’s lawyer Troy Edwards SC told the court White had shown genuine remorse, stating he “wishes he never did it”, and that he “never thought he’d be in this situation”.
Mr Edwards told the court White took “full responsibility for my actions for causing the death of Ms Nowland”.
‘Did not die with dignity’
Mrs Nowland’s eldest son Michael Nowland shared a heartbreaking victim impact statement, stating he is still in a state of disbelief following his mother’s death.
“When I was told mum had been tasered by a police officer … I went into a state of shock and asked the question ‘who in their right mind could do this to a frail 95-year-old lady’?” he said.
“No one in the (hospital) room could answer this question.
“How could a human being, let alone a police officer, perform such an inappropriate and inhumane act on a frail old lady who weighed just 45kg?”
Mr Nowland said the more he learned about the incident the more “confused” he felt.
“I will never forgive this officer for tasering and killing my mum,” he said.
“Mum did not deserve to have her life end in this manner … she was a caring and dignified lady, but she did not die with dignity.”
Mr Nowland told the court his family had also suffered the cruel reality of running into White in the Cooma community while he was on bail.
“It has not been fair that the Nowland family has run into the perpetrator over the last 18 months,” he said.
“The perpetrator should have been placed into custody on the 17th of May, 2023 and dismissed from the police force.”
Nanna Clare’s face on TV
Mrs Nowland’s daughter Jennifer Nowland said her mother’s death had a devastating impact on their entire family, including her young grandkids.
“Her three-year-old granddaughter is asking why Nanna Clare’s face is on the TV, and if Nanna Clare will still get Christmas presents now that she if dead.”
Mrs Nowland’s other daughter Gemma Murphy glared over at White, who had his head bowed, as she called out his “grotesque” actions and called for justice for all vulnerable Australians.
“I struggle to find solace in a world that feels so unjust … but I seek justice not revenge for mum,” she said.
“She was so much more than just the grandmother that was tasered, she lived her life with purpose and dedication.
“I implore you to reflect on the true cost of this tragedy, my mother’s death should serve as a catalyst for change.
“We must do better for those who cannot protect themselves.
“We must seek justice not just for my beautiful mum but for every single vulnerable individual that faces similar injustices.”
Mrs Nowland’s daughter Lesley Lloyd cried as she shared details of the “traumatic” experience of sitting by her mother’s hospital bed for seven long days.
“I couldn’t help her,” she said.
“The best I could do was stay with her, reassure her of where she was and that she had a head injury.
“I felt enormous guilt that I had not protected her.”
Ms Lloyd told the court her mother had died in a “brutal way” from the “reckless use of a Taser”.
“Mum was never a violent person,” she said.
“She was confused and frightened.”
‘Serious’ offence
White’s lawyer Mr Edwards and Crown prosecutor Brett Hatfield SC tendered relevant documents for Justice Ian Harrison to consider when sentencing White for Mrs Nowland’s manslaughter.
Mr Hatfield refuted the submission made by Mr Edwards that the offence was at the lower end of manslaughter.
“This was a serious criminal offence … resulting in the death of a person,” he argued.
“This criminally negligent action occurred within three minutes of White sighting Ms Nowland … it occurred in a very limited amount of time.”
While Mr Hatfield argued the timing of the “extreme and unjustified action” was related to White’s culpability, Justice Harrison said it didn’t matter if he’d had the “patience to wait an hour or three minutes before tasering her”, the actions went against any “common sense”.
The court was told in those three minutes, Mrs Nowland had “moved only about 1m to the doorway”.
“As can be seen on the video … the knife was only held up by Mrs Nowland when she was stationary, and she was not moving toward anyone at the time the Taser was deployed,” Mr Hatfield said.
He added that Mrs Nowland was extremely vulnerable due to her age, physical frailty, limited mobility and mental impairment.
The court was also told that Mr White’s prospects for rehabilitation in this matter were not relevant, but the former officer needed to “learn from his mistake”.
A sentencing date for Mr White is expected to be decided in the coming weeks.
White has continued living in the Cooma community since he was found guilty of killing Mrs Nowland, and Justice Harrison refused Mr Hatfield’s application to take him into custody.
The maximum penalty for manslaughter in NSW is 25 years imprisonment, but Justice Harrison said during the detention application that a jail sentence was “not inevitable”.
He expressed concern about “the risk of victimisation of, and gratuitous violence directed to, convicted police officers by other inmates in so-called correctional facilities.”
White has not spent any time behind bars on remand since he was charged over the fatal confrontation.
Mrs Nowland’s family said they were “disappointed” with the decision not to detain White after he was found guilty of the manslaughter of their matriarch.
“The family is struggling to understand why the Court felt it was appropriate to leave Mr White on bail and free in the Cooma community without any real restrictions in light of that conviction,” they said in a statement issued by their lawyer Sam Tierney.
Mrs Nowland is survived by eight children, 24 grandchildren and 30 great-grandchildren.
Originally published as Family stare down cop who tasered 95yo Clare Nowland as son declares he will ‘never forgive’