Jury retires to consider fate of police officer who fatally tasered Clare Nowland

The jury has retired to consider their verdict in the manslaughter trial of a police officer who fatally tasered a 95-year-old woman in a nursing home.

The jury has retired to consider their verdict in the manslaughter trial of a police officer who fatally tasered a 95-year-old woman in a nursing home.

Clare Nowland died of injuries sustained when Senior Constable Kristian White, 34, discharged his Taser at her chest in Yallambee Lodge in Cooma on May 17 last year.

The police officer faced an eight-day trial in the NSW Supreme Court after he pleaded not guilty to manslaughter over the great-grandmother’s death.

Mrs Nowland, who the jury heard suffered symptoms of dementia and relied on a walking frame, was found holding a knife before the confrontation.

Senior Constable Kristian White has pleaded not guilty to manslaughter. Picture: NewsWire / Nikki Short

The Crown prosecution alleges Constable White breached his duty of care to Mrs Nowland and caused her unlawful death by either criminal negligence or a dangerous act.

Constable White does not dispute that he discharged the weapon that caused Mrs Nowland’s death, but maintains it was a proportionate reaction to the risk she posed by holding a knife.

On Wednesday, the jury of four women and eight men retired to consider their verdict.

It comes after both parties delivered their closing arguments on Tuesday.

Crown prosecutor Brett Hatfield SC said Constable White had breached the duty of care owed to the 95-year-old because his actions “involved such a high risk that really serious bodily harm would occur to (her).”

Clare Nowland died a week after she was struck by a Taser.

He argued deploying the Taser was an unreasonable and dangerous response, given the great-grandmother’s age, frailty, lack of mobility, and symptoms of dementia.

“This was such an utterly unnecessary and obviously excessive use of force on Mrs Nowland that it warrants punishment for manslaughter,” Mr Hatfield told the jury.

The jury has heard the great-grandmother found it difficult to follow instructions and became uncharacteristically aggressive before her death, which a geriatrician attributed to her undiagnosed dementia.

She weighed less than 48kgs and relied on a four-wheeled walking frame to shuffle around the nursing home, the court has been told.

However, Constable White’s barrister Troy Edwards SC said in his closing statement that his client had been acting in accordance with his duty as a police officer to protect others and prevent a breach of the peace.

Constable White and Acting Sergeant Pank were called to Yallambee Lodge to respond to a triple-0 call for assistance with a “very aggressive resident” who was holding two knives.

Mrs Nowland’s extensive family filled the public gallery during the trial. Picture: NewsWire / Nikki Short

The court has heard Mrs Nowland entered the rooms of four residents prior to their arrival just before 5am, and she had thrown a knife at one of the nursing home staff.

Mr Edwards said he tried negotiating and grabbing the knife from her to “defuse the situation” but his “options had run out”.

“It’s not the case that the accused could have turned on his heels … It was his job to obtain a resolution,” he told the jury.

“He had to disarm her.”

The jury heard Constable White’s interaction with Mrs Nowland lasted less than three minutes.