Cop ditches self-defence argument after alleged fatal tasering of 95yo

The police officer who allegedly fatally tasered 95-year-old Clare Nowland in a Cooma nursing home has ditched an anticipated argument that he was acting in self defence.

Senior Constable Kristian James Samuel White has pleaded not guilty to manslaughter over the great-grandmother’s death and will face trial later this year over the allegation.

The 33-year-old was called to Yallambee Lodge nursing home in Cooma on May 17 last year after the elderly dementia patient was found holding a knife.

Prosecutors allege he asked the 95-year-old to drop the knife before declaring “bugger it” and discharging his Taser at her chest.

Mrs Nowland, who weighed only 43 kilograms and was using a walking frame at the time, sustained a brain injury when she fell backwards. She later died in hospital.

On Wednesday, Constable White’s lawyer told the NSW Supreme Court he did not expect to maintain the foreshadowed argument that his client had acted in self defence.

He revealed the change as he made an application for the case to be heard by a judge rather than a jury, which was opposed by the Crown prosecutor.

Chief Judge at Common Law Justice Ian Harrison noted a hearing for the argument should be set down as soon as possible before the start of Constable White’s trial in November.

“The difficulty is … it’s expected there will be on behalf of the accused a use of force expert qualified and a report served,” the defence barrister explained.

“It’s anticipated the service date for the report is October 7.”

Constable White’s lawyer said the contents of the report could be significant for the argument over whether the trial should proceed before a judge alone.

Justice Harrison set the hearing down for October 14.

Constable White’s barrister warned the court that the evidence of a senior sergeant put forth by the prosecution as an expert in policing would be “ultimately objected to”.

“It goes to the issue of whether exceptional circumstances exist as required by policing standards,” he said.

The court was told the parties were also working to settle a compilation video of CCTV footage and body worn camera footage related to the alleged fatal assault.

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Constable White is expected to fight the allegation during a four-week trial in the state’s highest court in November.

However, the Crown prosecutor said it was a “conservative estimate” and the trial should wrap up sooner than anticipated.

Police allege the senior constable’s use of his Taser on Mrs Nowland was “a grossly disproportionate response” and contravened standard operating procedures.

According to court documents, the 95-year-old was cornered in an office when she slowly ambled towards the officers standing in the doorway.

She was leaning on her walking frame but lifted her hand slightly to point her knife at a female police officer when she approached.

In response, police allege Constable White activated the Taser’s warning device and pointed it at the chest of the great-grandmother.

“Clare, stop now, see this, this is a Taser,” he allegedly cautioned her.

“Drop it now, drop it, this is your first warning.”

He allegedly lit up the device and initiated the audio before telling her: “See, you are going to get tased”.

The dementia patient allegedly had the knife raised when Constable White said “stop just … nah bugger it” and deployed the taser into her chest.

Mrs Nowland is survived by eight children, 24 grandchildren and 30 great-grandchildren.

They previously described the allegations against Constable White as “extremely confronting and shocking”.

Constable White remains suspended from the NSW Police Force with pay.

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