By Sarah McPhee
A police officer who Tasered a 95-year-old woman as she held a knife in a regional NSW nursing home, causing her to fall and suffer fatal head injuries, allegedly told a colleague after the incident they “aren’t meant to Tase elderly people”, but he “needed to” in the circumstances.
Senior Constable Kristian James Samuel White has pleaded not guilty to the manslaughter of Clare Nowland, who was Tasered inside Yallambee Lodge in Cooma on May 17, 2023, and died in hospital a week later.
Kristian James Samuel White arrives at the NSW Supreme Court in Sydney for his manslaughter trial.Credit: Steven Siewert
As White’s trial began in the NSW Supreme Court in Sydney on Monday, the jury heard he had served as a police officer for 12 years at the time, while Nowland was a mother of eight and lodge resident since 2018.
In his opening address, Crown prosecutor Brett Hatfield, SC, said Nowland, while not formally diagnosed, was suffering from symptoms consistent with dementia and moving around the facility in her four-wheeled walker frame.
The court was played a triple zero call, made at 4.08am, from a nurse reporting a “very aggressive patient” named Clare was raising knives at staff.
Clare Nowland died after being Tasered.
Hatfield said Nowland could not be located when police arrived to assist paramedics shortly before 5am, but was found inside the administration building, sitting and holding a knife. He said she did not say anything when spoken to nor respond to attempts for her to “relinquish the knife”.
The prosecutor said Nowland stood and moved slowly towards the door with her walker, holding up the knife. At the end of the encounter, which lasted two to three minutes, White allegedly said “bugger it” and discharged his Taser, causing Nowland to fall and strike her head on the floor.
Hatfield said Nowland suffered inoperable brain injuries and died seven days later.
Clare Nowland’s daughter Lesley Lloyd, right, leaves court after giving evidence.Credit: Dominic Lorrimer
The incident was captured on police body-worn video and CCTV, to be played to the jury.
Nowland’s daughter, Lesley Lloyd, gave evidence she was contacted about her mother’s behaviour that morning and offered to attend, but was awaiting a call back to do so.
She said she was notified at 6am her that mother had suffered a fall and attended the hospital, where she was told Nowland had a brain bleed and would not survive.
Lloyd said she was informed that day her mother had been Tasered by a police officer.
The prosecutor anticipated the jury would hear evidence that, after the incident, when discussing the upload of body-worn vision, White allegedly told a fellow police officer: “I’ve had a look, and supposedly we aren’t meant to Tase elderly people but in the circumstances, I needed to.
“Maybe this will be my first critical incident,” White allegedly said.
Hatfield said the Crown brought its manslaughter case in two ways: that White was criminally negligent and breached his duty of care by acting in a way that involved a high risk of death or serious bodily harm; or behaved in an unlawful and dangerous way which constituted an assault and battery and exposed another to risk of serious injury.
He said an issue at trial would be whether White’s force exceeded that which was reasonably necessary, considering Nowland’s age and frailty.
Hatfield said the jury would hear evidence of Nowland’s behaviour in the hours before she was Tasered, including opening the kitchen drawers and fridge, and being seen “holding two knives in her left hand and a jug of prunes in her right hand”.
The court heard Nowland entered the rooms of multiple residents, and at one point attempted to throw one of the knives at a nurse, but it fell to the ground. The prosecutor said efforts to distract Nowland including offering her drinks were unsuccessful.
In opening remarks, defence barrister Troy Edwards, SC, said White’s case was it was his “sworn duty … to stop the threat and to counteract the risk that Ms Nowland posed to herself and others”.
He said the jury would hear background evidence that in, March 2023, Nowland struck and kicked a member of nursing staff, and in April 2023 “tried to ram” a staff member with her walker and “used her elbow to strike one of them”.
Edwards said Nowland was taken to hospital, where records indicate she punched and tried to bite staff, picked up and threw her walker, and “rammed” it into a nurse, “bringing her to tears”. He said White was advised of Nowland’s recent “aggressive behavioural event” at the hospital before he arrived at the lodge.
He said White, in a police document, “filled out on the very day that this happened”, wrote: “As a violent confrontation was imminent, and to prevent injury to police, the Taser was discharged.”
Edwards argued the jury would not consider White’s use of force disproportionate to the risk.
The trial is expected to run for two to three weeks before Justice Ian Harrison.
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