A jury in the NSW Supreme Court has found a police officer guilty of manslaughter, after he tasered 95-year-old Clare Nowland in an aged care home last year.
Kristian White pleaded not guilty to the charge, but on Wednesday, after an eight-day trial and four days of deliberation, the 34-year-old was found guilty on the single charge of manslaughter.
In May last year, White and his fellow police officer attended an emergency services call to Yallambee Lodge, an aged care residency in Cooma, NSW.
The call was concerning Nowland, who was walking around the facility with the assistance of her walker, carrying two knives. The 95-year-old, who suffered from symptoms of dementia, was entering other residents’ rooms with the knives.
When paramedics and police – including White – arrived at the aged care home, Nowland was in a nurses’ room, at that point holding just one knife.
It took an exchange of just three minutes between Nowland and police, who were asking Nowland to drop the knife, before White said “bugger it”, and deployed his taser on Nowland. The exchange was captured on police body-worn cameras.
Nowland fell and hit her head after being tasered and was taken to hospital. She died one week later in Cooma Hospital from an inoperable brain bleed.
Charged with and on trial for manslaughter, the Director of Public Prosecutions (DPP) told the court White acted unlawfully and dangerously, causing Nowland’s death. Crown prosecutor Brett Hatfield SC said White breached his duty of care he owed to Nowland as a police officer, and his use of the taser on her was unnecessary and excessive.
Meanwhile, White’s defence barrister Troy Edwards SC argued White’s actions were equal to the threat Nowland posed by carrying a knife.
White was granted bail for the lead up to and the duration of his criminal trial. Following the guilty verdict, Justice Ian Harrison adjourned court until Thursday, suspending the decision as to whether he would be taken into custody prior to sentencing, which will take place later this year.
The maximum sentence for manslaughter in NSW is 25 years in prison.
NSW Police Commissioner Karen Webb, while expressing her “deepest condolences” to Nowland’s family, said she wants to be “careful” speaking about the case, “given that the court proceedings are still afoot”.
“This should never have happened,” Commissioner Webb said.
“His (Kristian White’s) ongoing employment is also subject to a legal process … and I expect to consider that matter next week.”
Clare Nowland remembered
Nowland is survived by her eight children, 24 grandchildren and 31 great-grandchildren. Many of her family members travelled to Sydney for Wednesday’s verdict in the NSW Supreme Court.
On behalf of the Nowland family, lawyer Sam Tierney released a statement following the verdict.
“The family would like to thank the judge and jury for carefully considering the matter and the DPP prosecution team for their hard work,” the statement reads.
“The family will take some time to come to terms with the jury’s confirmation that Clare’s death at the hands of a serving NSW police officer was a criminal and unjustified act.”
In 2008, as documented by the ABC, Clare Nowland went skydiving for her 80th birthday.
