Police officer convicted of manslaughter over death of Clare Nowland

A hearing was held in the NSW Supreme Court over the death of Clare Nowland. Photo: Supplied.

The police officer who tasered 95-year-old Clare Nowland at an aged care home has been found guilty of manslaughter over her death.

On May 17, 2023, while holding a steak knife in a small office room at Yallambee Lodge in Cooma, NSW, Ms Nowland used her mobility frame to slowly walk towards police officers, paramedics and staff standing in the corridor outside the room.

He did not drop the knife or stop moving despite officers repeatedly telling him to, then was tasered by Senior Constable Kristian James Samuel White as he stood about two meters away from him outside the door to the room.

He fell, hit his head on the ground, and died seven days later from his injuries.

White, 34, pleaded not guilty to manslaughter at his trial in the NSW Supreme Court started earlier this month.

Jurors heard evidence from just over a week ago Closing statements were published on November 19.

They retired at noon on November 20, and after deliberating for a week, returned to the courtroom at noon on Wednesday, November 27, and announced that they had found him guilty of the charge.

The jury was dismissed before prosecutors filed a motion to keep White in custody ahead of his sentencing.

Judge Ian Harrison said: “I will not detain a police officer until I understand the conditions in which he is being held, if at all.”

The application was adjourned until Thursday, November 28, and White’s bail continued until that day.

Kristian White fought the manslaughter charge at his trial. Photo: Gail Eastway.

Sam Tierney of Ken Cush & Associates, the attorney representing Ms. Nowland’s family, later issued a statement on their behalf.

“The Nowland family were present in court today where Kristian White was found guilty of the manslaughter of their beloved mother, grandmother and great-grandmother, Clare,” he said.

“It will take some time for the family to come to terms with the jury’s confirmation that Clare’s death at the hands of an on-duty NSW police officer was a criminal and wrongful act.

“The family would like to thank the judge and jury for their careful consideration of the matter and the DPP prosecution team for their hard work.”

White was one of two police officers called to Yallambee Lodge that morning after Ms Nowland wandered around the premises with two knives.

Jurors saw closed-circuit television footage (CCTV) of his movements around the building before the taser, as well as police, paramedics and staff searching for him.

Tasering is also caught on camera. “No, never mind,” White can be heard telling his great-grandmother, who was experiencing symptoms consistent with dementia, before shooting.

He was asked why he shocked him. when he testified at his trial.

“I believe he poses a risk not only to me but also to Sergeant (Jessica) Pank,” he said.

“Clare has told us that she intends to use her knife against anyone who comes near her.”

During closing arguments, prosecutor Brett Hatfield SC said jurors might have thought that no reasonable person in White’s position at the time would have thought a violent confrontation with Ms Nowland was imminent.

He said White began pointing the stun gun at him while he was behind a desk in his small office room, then moved just three feet a minute later.

“Everyone present was at a safe distance from him,” the prosecutor said as he held the knife aloft.

“He actually wasn’t moving when the stun gun was applied to him,” he said.

Defense barrister Troy Edwards SC said it was his client’s duty to “get a solution” and that he “must disarm him”.

“The people who were there told you over and over that they were afraid of Ms. Nowland using the knife,” he told jurors.

Police seized two steak knives and a pen light from Yallambee Lodge. Photo: Supreme Court of NSW.

He said his client perceived a legitimate threat, tried to neutralize it through negotiation, then offered to grab a knife to disarm him, but to no avail. That’s when he “ran out of options” and fired the stun gun.

“The reason he did it was because he was worried someone was going to get stabbed,” Mr Edwards said.

Earlier this year, Ms. Nowland’s family Settled a civil claim against the NSW Government on confidential terms.

Original Article published by Albert McKnight Riotact.