Jury shown footage of 95-year-old stuck in tree months before being tasered by police officer

The jury watched CCTV footage of Clare Nowland being pinned against a tree in an attempt to escape her aged care facility in the NSW Snowy Mountains, in the months before she was tasered by a NSW police officer.

Senior Constable Kristian White has pleaded not guilty to the manslaughter of the 95-year-old man.

Ms Nowland was tasered by a police officer while using a walker and holding a knife at the Yallambee Lodge aged care facility in Cooma on May 17, 2023.

He fell and hit his head and died a week later in Cooma Hospital from an inoperable brain haemorrhage.

CCTV footage of the incident on 23 April 2023, in which Ms Nowland attempted to leave the aged care facility, was shown to the court today.

The court heard the video depicted him getting stuck trying to climb a tree near the entrance gate.

On April 26, 2023, more CCTV footage was played at the facility of Clare Nowland circling a shipping container in the car park.

The court heard Ms Nowland was shown using a four-wheeled walker to hit a staff member.

change in behavior

Geriatrics Specialist Professor Susan Kurrle, who evaluated Clare Nowland’s medical records following her death, was called as a Crown witness.

The court heard Ms Nowland had suffered falls, memory loss and hearing loss in the years up to May 17 and had displayed confused and reserved behavior.

The professor said he believed Ms. Nowland had frontotemporal dementia.

The court heard Ms Nowland was prescribed the anti-psychotic drug risperidone in April 2023 after a stay at Cooma hospital to control her aggressive behaviour.

But the dosage was halved on May 15 following concerns from her daughter Lesley Lloyd that the drug was making her mother drowsy.

Senior Constable White’s defense barrister, Troy Edwards SC, raised this issue during cross-examination and asked whether the reduction in dosage had contributed to his behavior on the morning of 17 May.

“Is it possible that the increase in aggressive behavior on the day of Ms. Nowland’s death had something to do with the reduction in her dose of risperidone?” Mr Edwards said.

“This is certainly possible,” Professor Kurrle said.

The defense also referred to medical notes stating that Ms Nowland had suffered loss of dexterity and poor grip, and questioned this based on reports that she had punched staff, thrown her walker and disconnected her IV pole during her late stay at Cooma hospital. April 2023

“These actions do not appear to be consistent with poor grip or dexterity problems,” Mr Edwards said.

In opening statements on Monday, the Crown alleged Mr White committed manslaughter by criminal negligence or by committing an unlawful or dangerous act.

The defense argued that his actions, as a police officer performing his duty, were a reasonable use of force.

On Tuesday, the jury was shown CCTV footage and police body-worn video of Ms Nowland moving around using a walker with a knife in her right hand before being tasered.

Senior Constable White was heard giving a series of warnings before saying “never mind” and activating the stun gun.

The trial is expected to last up to three weeks.