Details of 95-year-old Clare Nowland’s lawsuit revealed

The lawyer for a 95-year-old woman who died after she was allegedly tasered by police has revealed why her family are suing the NSW government.

Clare Nowland died in hospital one week after she was allegedly tasered by police at an aged care home in Cooma in the early hours of the morning on May 17.

A case, made in Ms Nowland’s name, has been made against the state over the alleged actions taken by police on that day.

The family’s lawyer Sam Tierney of Ken Cush and Associates, confirmed on Wednesday morning that he was asked to talk about the legal claim while Ms Nowland was still receiving end-of-life care at Cooma Hospital.

“I was asked by the family to talk about the claim while Clare was still alive, and it was conducted on behalf of her estate,” he said on Today.

“They were filed to protect Clare‘s civil rights while she was still alive.”

Mr Tierney explained that the family is not “pursuing the government” but rather “enforcing the legal rights she possessed.

“It has to be kept in mind, this is not the family pursuing the government,” he said.

The civil lawsuit brought against the state of NSW was heard in Bega District Court on July 11 for a pre-trial conference.

The case was adjourned to August 22.

The suit comes as the man alleged to have tasered Ms Nowland, Senior Constable Kristian White, fronts court on charges of causing bodily harm.

“I think it is very fair that people and the public keep in mind that we still don’t know the full circumstances of what happened in this tragic incident,” Mr Tierney said.

“It is a very unique set of circumstances we‘re facing here. I suspect there is a lot more to this incident, and certainly, the public wants answers.”

He also wanted to remind the public that the family was still grieving the death of their beloved family member.

“I do think it’s very important that the public keeps in mind that this is a family that’s lost a beloved grandmother, mother and in some circumstances, a great-grandmother,” he said.

“I don't think anyone would have faced a situation as unique as this in terms of losing a grandparent.”

Her family will continue the case against the NSW government following her death.

Ms Nowland was allegedly tasered by the officer in a Cooma aged care home before falling and fracturing her skull.

Police allege Ms Nowland was using her walking frame to slowly approach the officers with the knife in her hand.

After Ms Nowland allegedly ignored repeated requests for her to drop the knife, Constable White allegedly discharged his weapon.

The footage of the tragic incident captured on a body-worn camera has been described as “confronting”.

Constable White has been charged with recklessly causing grievous bodily harm, assault occasioning actual bodily harm, and common assault.

He remains in the community and appeared before Cooma Local Court on July 5.

He will reappear before the same court in September.

Do you have an idea for a story?
Email [email protected]