Prosecutors allege the actions of a NSW Police officer accused of tasering an elderly dementia patient were “a grossly disproportionate response and excessive use of force”, according to a statement of alleged police facts.
Key points:
Senior Constable Kristian White allegedly caused grievous bodily harm to Clare NowlandCourt documents detail why police were called to the Cooma aged care facilityMrs Nowland’s family say the allegations set out in court documents are “shocking”
Great-grandmother Clare Nowland, 95, died in hospital in May one week after she fell and fractured her skull during a confrontation with officers while holding a knife at Yallambee Lodge in Cooma.
Senior Constable Kristian White faces charges of recklessly causing grievous bodily harm, assault occasioning actual bodily harm, and common assault.
According to the court documents, prosecutors will allege he said “Na bugger it” before deploying the taser on May 17, after warning Mrs Nowland four times to stop moving on her walker out of an office.
Immediately prior, Mrs Nowland had “remained stationary with the knife raised” looking at Senior Constable White’s colleague, the documents said.
Senior Constable Kristian White. (Supplied)
Following the release of the material, solicitor Sam Tierney issued a statement on behalf of the Nowland family saying the documents were “extremely confronting and shocking”.
The alleged police facts were tendered to the NSW Supreme Court on Tuesday, where the lawyers for Senior Constable White, 33, agreed to three bail conditions imposed by prosecutors.
The documents describe Mrs Nowland as “of a frail stature” and requiring a walker for mobility.
About 3:10am on the morning of the incident, a nurse observed Mrs Nowland walking through a corridor carrying two kitchen knives and asked her to hand them over.
She responded “No”.
The documents say Mrs Nowland entered the rooms of three different residents with the knives.
Staff unsuccessfully attempted to contact Mrs Nowland’s family before calling paramedics.
According to the alleged police facts, Mrs Nowland had “thrown one of the knives at the staff members, missing them”.
When Senior Constable White arrived with a colleague, Mrs Nowland’s whereabouts were not known, but she was later found in a treatment room.
The court documents say she was sitting when told by police to place the knife on a desk, but rose to her feet with the walker.
Senior Constable White’s colleague attempted to reach the knife but Mrs Nowland raised “her right hand off the walker slightly and points the knife towards (the colleague), forcing her to retreat”.
Senior Constable White then drew his taser, police allege, and repeatedly directed Mrs Nowland to stop as she moved slowly towards the doorway.
“Clare, stop now, see this, this is a taser, drop it now, drop it, this is your first warning”, police allege he said.
The senior constable’s colleague allegedly attempted to block the walker.
“(Mrs) Nowland remained stationary with the knife raised looking towards (the colleague)”, the court documents say before the taser was used.
Senior Constable White was allegedly heard to say “stop just … Na bugger it” before using the taser, the police documents state.
The incident unfolded at the Yallambee Lodge care home on May 17. (ABC News)
In his statement, Mr Tierney said the Nowland family had seen the material.
“The facts alleged against Mr White are extremely confronting and shocking,” he said.
“Clare’s family ask that they are please given privacy and space while they consider this latest information to be released from NSW Police around the circumstances of Clare’s death.”
Justice Robert-Beech Jones, who determined the Director of Public Prosecution’s application to impose bail conditions, said the alleged offence outlined in the documents was “undoubtedly serious”.
According to the court documents, police procedures dictate that a taser “should not be used against an elderly or disabled subject unless exceptional circumstances exist”.
Senior Constable White was suspended from duty with pay following the incident.
His case returns to court in September.
Posted 23h ago23 hours agoWed 19 Jul 2023 at 6:29am, updated 15h ago15 hours agoWed 19 Jul 2023 at 2:14pm
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