Police officer Kristian White found guilty of manslaughter

NSW police officer Senior Constable Kristian White, 34, has been found guilty of the manslaughter of 95-year-old Clare Nowland, after he used his service Taser on her while responding to a triple-0 call from the rural residential aged care facility where she lived.

Mrs Nowland fell backwards and struck her head on the floor, sustaining critical injuries when Senior Constable White discharged the weapon at her chest in the Yallambee Lodge nursing home in Cooma on 17 May 2023, before dying one week later in hospital.

The jury heard that the officer issued several warnings as Mrs Nowland approached him using a walking frame and holding a knife, before he allegedly said “bugger it” and fired the weapon at her.

Constable White faced an eight-day trial in the NSW Supreme Court this month after pleading not guilty to manslaughter over Mrs Nowland's death.

The four women and eight men of the jury retired to consider their verdict last Wednesday, deliberating for four days before unanimously finding Constable White guilty of unlawfully killing Mrs Nowland, either by way of criminal negligence or a dangerous or criminal act.

Audible gasps and sobs could be heard from the public gallery where Mrs Nowland’s loved ones sat gathered together as the verdict was read out.

In a statement, the Nowland family's lawyer Sam Tierney said: “The family will take some time to come to terms with the jury’s confirmation that Clare’s death at the hands of a serving NSW police officer was a criminal and unjustified act.”

“The family would like to thank the Judge and jury for carefully considering the matter and the DPP prosecution team for their hard work.”

Leaving court, one of Mrs Nowland’s relatives said she was “very happy” with the outcome.

One man clapped another on the shoulder inside the courtroom and they both smiled after the verdict was announced.

Constable White closed his eyes and hung his head as the jury foreperson delivered the verdict, otherwise keeping a blank expression.

He will face sentencing later this year.

Crown prosecutor Brett Hatfield SC applied for Constable White to be taken into custody following the verdict, but Justice Ian Harrison said he required more information before making the decision.

“So that there’s no secret about it, I will not commit a policeman to custody until I understand the conditions under which he will be held, if he is to be held,” Justice Harrison said.

“It goes without saying that in the interim, I propose to continue bail until that issue is determined to my satisfaction.”

He adjourned the decision until today.

Constable White did not speak as left the court hand in hand with his fiancée, and entered a waiting car.

The jury was persuaded by the Crown’s argument that Constable White breached the duty of care he owed to Clare Nowland because his actions “involved such a high risk that really serious bodily harm would occur to [her].”

Mr Hatfield maintained the discharge of the Taser was a disproportionate response to the situation, given Mrs Nowland's advanced age, frailty, lack of mobility, and symptoms of dementia.

“This was such an utterly unnecessary and obviously excessive use of force on Mrs Nowland that it warrants punishment for manslaughter,” he told the jury during his closing statement on Tuesday.

In delivering a guilty verdict, the jury rejected the defence put by Constable White’s barrister Troy Edwards SC that the response was commensurate with the threat posed by Mrs Nowland carrying a knife.

He maintained Constable White’s decision to deploy his Taser was in line with his duty as a police officer to protect others and prevent a breach of the peace.

Constable White and Acting Sergeant Jessica Pank were called to Yallambee Lodge to respond to a triple-0 call for assistance with a “very aggressive resident” who was holding two knives.

The court has heard Mrs Nowland entered the rooms of four residents prior to their arrival just before 5am, and she had thrown a knife at one of the nursing home staff.

“It’s not the case that the accused could have turned on his heels … It was his job to obtain a resolution,” Mr Edwards said in his closing statement on Tuesday.

“He had to disarm her.”

Prosecutor Mr Hatfield dismissed the defence, telling the jury they might consider that Constable White’s words “bugger it” showed he was “fed up, impatient, not prepared to wait any longer.”

Constable White’s interaction with Mrs Nowland lasted less than three minutes, one of which was spent holding a Taser at her before pulling the trigger.

The jury heard the 95-year-old found it difficult to follow instructions and became uncharacteristically aggressive before her death, which a geriatrician attributed to her cognitive decline.

NSW Police Commissioner Karen Webb said that Constable White’s employment is “under review,” during a press conference yesterday evening.

“The death of Clare Nowland is a terrible tragedy and my deepest condolences go to the Nowland family,” she said.

“This should never have happened.”

Constable White has been suspended from NSW Police with pay throughout the proceedings.

“His ongoing employment is also subject to a legal process and that will follow and I expect to consider that matter next week,” she said.

"What remains important for me is that at that time – and it still remains important – that that family was front of mind for them to be informed.”

Mrs Nowland is survived by eight children, 24 grandchildren and 30 great-grandchildren, many of whom sat in the public gallery throughout the duration of the trial.