Clare Nowland’s family alleges cops were ‘negligent’ and used excessive force in civil lawsuit

The police exchange immediately before and after the tasering of Cooma gran Clare Nowland can be revealed for the first time after the family brought civil proceedings against the state.

The family of tasered Cooma grandmother Clare Nowland is suing the state for battery and negligence, alleging the 95-year-old was restrained and “pushed into the ground” even though she had lost consciousness.

The Nowland family has begun civil proceedings against the state government in the wake of the woman’s death following the taser incident at the Yallambee Lodge retirement home in May.

According to their statement of claim lodged in court, the executor of Ms Nowland’s estate allege NSW Police acted unreasonably on the night and had attempted to downplay what had happened in front of shocked staff.

One of the officers, Senior Constable Kristian White is defending separate charges in a criminal court.

Neither he nor his fellow officer, Sergeant Jessica Pank, are listed as defendants in the civil matter.

Clare Nowland was allegedly tasered by police at an aged care home in Cooma. Picture: Facebook

Sergeant Pank is not facing any charges.

The court document contains the first detail of what allegedly happened in the early hours of May 17 when Ms Nowland was tasered while holding a knife while she was using her walking frame.

The tragic chain of events unfolded just after 4am when a staff member at the retirement home called an ambulance to the facility.

Kristian White, the NSW Police officer who tasered Clare Nowland, is facing criminal charges over the incident. Picture: NCA NewsWire/JenSol Photography

By 4.49am two police officers recalled to duty arrived at Yallambee Lodge where Ms Nowland was found sitting in a chair at a desk inside the nurse’s treatment room holding a knife in her right hand.

Referring to evidence purportedly gathered from body worn police cameras, the family’s statement of claim alleges at 5.08am the two officers put on slash proof gloves and contemplated disarming the frail Ms Nowland.

“Actually would it be an idea to get her out where we can just grab the knife off her,” Senior Constable White allegedly says in a transcript of body-worn footage.

“I feel like I could do it right now,” Sergeant Jessica Pank replied according to the document.

When Ms Nowland, who had dementia, stood with her walker she was warned several times by the two officers.

“Oi, we’re not playing this game Clare, you’re going to put that down,” White warns in the transcript.

About 20 seconds later came another warning.

“This is your first warning. You see this. This is a taser. Drop it now,” he said.

“See, you keep coming, you’re going to get tasered.

“Stop now. Don’t think I’m going to give you another warning.”

The 95-year-old was “frail” and weighed less than 45kg when she was tasered.

Ms Nowland’s funeral in June.

Less than a minute later it is alleged White says: “Bugger it” and fires the taser from two metres away, causing Clare to fall from her walker and hit her head.

“Clare come on. You’re all right. Talk to us Clare,” the officers are said to have responded when the 95-year-old fell.

“Are you OK? Is your head all right Clare.” Sergeant Pank asked.

“Didn’t expect it to be like that,” Sergeant Jessica Pank said according to the transcript.

“Unfortunately that’s the way it had to go. I was thinking I could just grab it but it was a bit too sharp and pointed it at me. I thought surely I could just hit it out of her hand.”

“I’d prefer not to have to …” White said after Ms Nowland fell back, according to the document.

The family alleges the senior officer failed in her duty to stop Ms Nowland being tasered. Picture: NCA NewsWire/Martin Ollman

“Not be the person in town who tasered a 95-year-old,” Sergeant Pank asks.

“No. No actually have someone stabbed,” replied White.

“Oh yeah that too,” Sergeant Pank said.

“It was the slowest fall ever,” White said.

The Nowland family claims the officers’ discussion of the incident while Clare was still on the floor was “demeaning, dismissive (and) self-serving”. and showed “disregard for the harm they had caused to Clare”.

They claim in their case neither officer “apologised or expressed any regret or remorse” to the family.

They also criticise how Clare was treated after being hit with the taser.

“The actions of White to apply further force to Clare in restraining her and pressing her into the ground after striking her with the taser were humiliating and unnecessary in disregard to Clare’s loss of consciousness and the likelihood she had suffered a serious head injury,” the family claim in court documents.

Clare died in hospital a week later from head injuries described by a doctor as “blunt force trauma” surrounded by some of her eight children, 24 grandchildren and 30 great-grandchildren.

The claim alleges Constable White fired the taser at Clare knowing she was elderly, disabled, had extremely limited mobility, was unable to move quickly or offensively and had a “particularly small body mass”.

“He knew or ought to have known Clare represented a low threat to himself … and presented a very small risk of injury to other persons,” the claim alleges.

In 2008 she took a sky dive for her 80th birthday before her health deteriorated. Picture: ABC News.

The claim accuses the police officers of not properly considering alternative and safer methods of containing Ms Nowland and de-escalating the situation.

“The actions of White were grossly disproportionate and excessive use of force,” the claim says.

The officer who used the taser, Constable White, is separately facing criminal charges of recklessly causing grievous bodily harm, assault occasioning actual bodily harm, and common assault in the Local Court over the incident.

White has been suspended from the force with pay; Pank is facing no criminal charges in relation to the incident.

Police arrived at the retirement home that morning after a staffer called an ambulance. Picture: NCA NewsWire/Martin Ollman

The Nowlands in their case claim the taser was fired in breach of police guidelines and that Sgt Pank, as the senior officer, failed to direct her colleague to not use the weapon on the 95-year-old.

Police are also investigating the death of Ms Nowland with a critical incident team whose investigation will be independently reviewed, declining calls for the Law Enforcement Conduct Commission to probe their actions.

The shock of Ms Nowland’s death and the community backlash caused Police Commissioner Karen Webb to urge the community not to turn on police over the tragedy.

The Nowlands are asking for damages over Clare’s death including funeral and wake expenses, loss of financial support, damages for curtailment of expectation of life and loss of financial support.

The NSW District Court can award damages of up to $1.2 million in civil cases. On Thursday the Downing Centre District Court adjourned the case to October 26.

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