Alleged tasering of grandmother Clare Nowland ‘disproportionate, excessive use of force’

The alleged fatal tasering of 95-year-old Clare Nowland by a police officer was a grossly disproportionate response and constitutes excessive use of force, according to a preliminary internal review by NSW Police.

Clare Nowland died in hospital after the alleged tasering.

The alleged fatal tasering of 95-year-old ClareNowland by a police officer was a grossly disproportionate response and constitutes excessive use of force, according to a preliminary internal review by NSW Police.

Senior Constable Kristian White allegedly said “nah bugger it” before deploying the Taser 7 device and striking Nowland twice in the chest, the 95-year-old falling and smashing her head against the floor at Yallambee Lodge in Cooma, about 400km south of Sydney on May 18.

New details of the events leading up to the moment Mr White allegedly tasered Nowland, who died in hospital on May 24, have been revealed in police facts released by the NSW Supreme Court on Wednesday.

The facts said expert opinion and a preliminary report from NSW Police Sergeant William Watt, who inspected the scene of the alleged crime and conducted a review of CCTV and body worn camera footage, found Mr White’s alleged use of the taser did “not meet the threshold for a taser discharge in the circumstances”.

“The prosecution will allege that the accused’s actions were a grossly disproportionate response and excessive use of force to the threat posed considering Ms Clare Nowland’s age and ability,” said the facts.

Mr White, who has been suspended and gave a no comment interview to investigators, arrived at Yallambee Lodge at 4.49am on May 18 with another police officer where they were told by aged care facility staff that Nowland was wandering the aged care home aided by a walker and holding a knife.

Paramedics and emergency service workers soon arrived.

At 5.05am Nowland was found in a nurse treatment room seated in the desk chair holding a knife and a small torch, her four wheel walker by her side.

An ambulance officer then asked Nowland to put down her knife, who responded by placing the torch on the desk.

“Nowland, with the knife still positioned in her right hand, starts making a slow attempt to get up from the office chair to a standing position with her walker,” said the police facts.

Mr White, the other police officer and emergency personnel then plead with Nowland to stay seated and put down the knife.

The 95-year-old continues to rise from her seat aided by her walker, prompting Mr White and the second police officer to speculate about how sharp the knife might be and whether it could be taken from Nowland.

Nowland, clutching the knife in her right hand, grabs both sides of the walker before slowly walking towards the doorway of the treatment room and pointing the knife at the chest of the second police officer.

The second police officer starts moving backwards as Mr White said “Clare, stop now, see this, this is a taser, drop it now, drop it, this is your first warning”.

Mr White then actives the warning function of the Taser 7, which emitted light and noise but did not dissuade Nowland from walking forward to the second police officer.

Mr White then told Nowland “you are going to get tased” and “Clare stop” before “stop just … Nah bugger it.”

“The accused deployed the Taser 7 device at Nowland from approximately 1.5m – 2m away with the two probes striking Nowland in the chest area,” said the police facts.

“Nowland, who was still partially gripping onto the walker with her left hand has fallen backwards striking her head heavily on the wooden floor behind her.”

Nowland was taken to Cooma Hospital and was found to have inoperable bleeding on the brain.

Hours before police arrived, Nowland was found wandering Yallambee Lodge brandishing two knives before she followed a nurse into another resident’s room.

The nurse later found Nowland in another resident’s room sitting in a chair at the foot of the bed and holding the knives, the resident awake in bed.

Later Nowland was found standing at the front of the bed in a third resident’s room and refused attempts by aged care staff to leave for about 20-minutes.

Senior Constable Kristian White has been charged with recklessly causing grievous bodily harm, assault occasioning actual bodily harm and common assault over the incident and has yet to enter a plea.

Nowland was reportedly a beloved figure in Cooma and had eight children, 24 grandchildren and 31 great-grandchildren.