Cop ditches self-defence argument after allegedly fatally tasering 95yo

A senior constable charged with manslaughter after a 95-year-old woman he tasered died has made a huge move in court.

A rural police officer has ditched an anticipated argument that he was acting in self defence when he allegedly fatally tasered 95-year-old Clare Nowland 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 over the allegation.

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 to drop the knife before declaring “bugger it” and discharging his Taser at her chest.

Kristian White has been charged with killing Clare Nowland in an aged care facility. Picture: NewsWire / Adelaide Lang

Mrs Nowland, who weighed only 43kg and was using a walking frame at the time, sustained a brain injury when she fell backwards. She died in hospital days later.

On Wednesday, constable White’s barrister Troy Edwards SC told the NSW Supreme Court he did not expect to maintain the foreshadowed argument that his client had acted in self defence.

He revealed the change as he made an application for the case to be heard by a judge rather than a jury, which was opposed by the Crown prosecutor.

Chief Judge at Common Law, Justice Ian Harrison, noted a hearing for the argument should be set down as soon as possible before the start of Constable White’s trial in November.

“The difficulty is … it’s expected there will be on behalf of the accused a use of force expert qualified and a report served,” Mr Edwards explained.

“It’s anticipated the service date for the report is October 7.”

He said the contents of the report could be significant for the argument over whether the trial should proceed before a judge alone.

Justice Harrison set the hearing down for October 14.

Mr Edwards warned the court that the evidence of a senior sergeant put forth by the prosecution as an expert in policing would be “ultimately objected to”.

“It goes to the issue of whether exceptional circumstances exist as required by policing standards,” he said.

Clare Nowland died in May after she was allegedly tasered in her nursing home.

Crown prosecutor Brett Hatfield SC said that was the prosecution case at the moment but he was “considering our position as to that” as the trial nears.

The court was told the parties were also working to settle a compilation video of CCTV footage and body worn camera footage related to the alleged fatal assault.

Constable White is expected to fight the allegation 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 wrap up sooner than anticipated.

Police allege the senior constable’s use of his Taser on Mrs Nowland was “a grossly disproportionate response” and contravened standard operating procedures.

According to court documents, the 95-year-old was cornered in an office when she slowly ambled towards the officers standing in the doorway.

She was leaning on her walking frame but lifted her hand slightly to point her knife at a female police officer when she approached.

In response, police allege Constable White activated the Taser’s warning device and pointed it at the chest of the great-grandmother.

“Clare, stop now, see this, this is a Taser,” he allegedly cautioned her.

“Drop it now, drop it, this is your first warning.”

Constable White will face trial in November. Picture: NewsWire / Paul McIver

He allegedly lit up the device and initiated the audio before telling her: “See, you are going to get tased”.

The dementia patient allegedly had the knife raised when Constable White said “stop just … nah bugger it” and deployed the taser into her chest.

Mrs Nowland is survived by eight children, 24 grandchildren and 30 great-grandchildren.

They previously described the allegations against Constable White as “extremely confronting and shocking”.

The rural police officer remains suspended from the NSW Police Force with pay.