A police officer who was trying to disarm an elderly woman carrying a knife claims he discharged his taser because a “violent confrontation was imminent” and he had to protect police, paramedics and nursing home staff, his lawyer has told the NSW supreme court.
Snr Const Kristian James Samuel White, 34, on Monday formally pleaded not guilty to one count of manslaughter at the start of a trial that could last three weeks.
White tasered Clare Nowland – who moved with the aid of a walker – in a Snowy Mountains nursing home in May 2023. She died a week later from a head injury caused by being tasered. She was 95 years old.
In his opening address, White’s barrister, Troy Edwards SC, told the court much of the factual basis of the case was not in dispute, including that White tasering the great-grandmother ultimately killed her.
Edwards said it was not in dispute that in the early hours of 17 May 2023, White had been called from home – where he was asleep off-duty – to the Yallambee nursing home in Cooma to assist ambulance officers in dealing with an “aggressive” resident who was carrying a serrated knife.
In a confrontation that lasted a little more than two minutes, White repeatedly urged Nowland to drop the knife and warned her that he was carrying a taser.
After Nowland stood up and walked towards him, using her walker, White said “bugger it” and discharged his taser, the court heard.
The barbs hit Nowland, causing her to fall, hit her head and fracture her skull.
Edwards said it was not in dispute that the injuries caused by White tasering Nowland ultimately killed her. She died a week later in hospital after suffering inoperable bleeding in the brain.
But Edwards said it would be argued that White’s use of the taser was a reasonable use of force.
“The Police Act of NSW confers on police a duty for the protection of persons from injury or death, and in the circumstances of this case, that includes the protection of the police officers, the paramedics present, the nursing staff present and Mrs Nowland, who was creating the risk of harm,” Edwards said.
The court heard that after the incident on 17 May and while Nowland was still alive, White wrote in the Computerised Operational Policing System (Cops) database that the crux of the incident was that because “a violent confrontation was imminent, and to prevent injury to police, the taser was discharged”.
Edwards said the case had generated strong opinions but he urged the jury to listen carefully to the evidence of the people who were present – “the opinions of the people … who lived this event”.
The barrister told the jury that ultimately he would argue White’s “use of force was not disproportionate to the risk” posed by Nowland.
“My submission is that Kristian White was acting in the course of his duty when he discharged his taser and that he is not guilty, beyond reasonable doubt, of manslaughter.”
The court heard that in the middle of the night, Nowland picked up two knives from a kitchen at the nursing home.
She walked into various rooms over several hours, disturbing other residents and presenting a risk to their safety, and consistently refused to leave or put the knives down. She threw one knife at a staff member, who was not injured, the court heard.
Nowland kept moving around the nursing home, still using the walker, and briefly went missing. She was found, sitting in a nurses’ office, still holding a knife. She was then confronted by paramedics and police.
Prosecutor Brett Hatfield SC, in his opening address, said the crown would argue White was guilty of manslaughter by way of criminal negligence or by way of an unlawful and dangerous act.
“He owed a duty of care to Mrs Nowland, including a duty not to cause her serious harm.”
Hatfield told the jury he anticipated they would hear evidence that, after the incident, White allegedly told a fellow police officer he consulted a policing manual: “I’ve had a look, and supposedly we aren’t meant to tase elderly people but in the circumstance, I needed to”.
“Maybe this will be my first critical incident,” White allegedly said, the court was told.
One of Nowland’s eight children, Leslie Lloyd, gave evidence on Monday that her mother’s cognitive functioning had deteriorated in the last months of her life. On one occasion, she had packed her belongings and sat at the front gate waiting to leave.
Lloyd said she visited the aged care centre “daily, sometimes twice daily” to see Nowland. As next of kin, she was often called to assist with her mother, who was occasionally defiant or confused. “I always came,” Lloyd told the court.
Lloyd had been contacted in the early hours of 17 May 2023 by nursing home staff and told there was a disturbance with her mother. She was waiting for a call back before attending the home when her mother was tasered.
Nowland is survived by eight children, 24 grandchildren and 31 great-grandchildren – many of whom were in court on Monday.
The trial, before Justice Ian Harrison, continues.
