By Sarah McPhee
The family of Clare Nowland has reached a settlement on “confidential terms” in its civil case against the state of NSW over the Tasering of the 95-year-old great-grandmother in a Cooma nursing home.
Nowland died in hospital in May 2023, a week after she was Tasered inside Yallambee Lodge, causing her to fall and hit her head. Senior Constable Kristian White has been committed to stand trial in the NSW Supreme Court charged with manslaughter.
Clare Nowland died in hospital a week after being Tasered.
While Nowland was still critically ill, her family filed a civil case against the state of NSW for trespass to the person (assault and battery) and negligence. She was initially listed as the plaintiff, but her son, Michael Nowland, took over the case.
The NSW District Court previously granted Nowland’s daughter, Lesley Lloyd, permission to watch police footage of the incident.
On Thursday, it came to light that the civil matter had been discontinued in court last week.
“The estate of the late Mrs Clare Nowland confirms that the District Court proceedings against the State of New South Wales have been discontinued on confidential terms,” the family’s lawyer Sam Tierney said in a statement.
“The estate and Nowland family will not be making any further comments at this time in view of the ongoing criminal proceedings involving Kristian White.”
Senior Constable Kristian White outside court last year.Credit: James Brickwood
According to the police facts against White, Nowland was holding a knife and moving slowly towards officers using a walking frame at the time of the incident.
White is accused of pointing his Taser towards Nowland and telling her: “This is a Taser, drop it now, drop it, this is your first warning.”
White allegedly activated a warning light and sound, and said, “Clare stop” before adding, “See, you are going to get Tased.”
As Nowland allegedly stood with the knife raised, looking at the second officer, White is accused of saying “Stop, just … nah bugger it” before Tasering Nowland from about 1½ to two metres away. The two probes of the device struck Nowland in the chest.
In Cooma Local Court last month, White pleaded not guilty to manslaughter through his lawyer. Charges of reckless grievous bodily harm, assault occasioning actual bodily harm and common assault were withdrawn.
White, who was suspended from the force with pay, is due to be formally arraigned in the Supreme Court on April 5.
NSW Attorney-General Michael Daley declined to comment on the civil matter while the criminal matter remains before the court.