A police officer who fatally shocked a 95-year-old woman with a Taser in an Australian nursing home has been found guilty of manslaughter after the jury found that the great-grandmother, who was holding a knife, did not pose an “imminent” threat.
Senior Constable, Kristian White was one of two police officers called in May last year to Yallambee Lodge, a nursing home in regional New South Wales, when staff asked for help with a resident who was holding two knives as she pushed a mobility walker around the facility.
Clare Nowland a dementia patient– had refused her care giver’s requests to return to her room and threw a knife at a staff member that fell on the floor before they dialed emergency services, according to court documents.
The court heard she had been cornered in an office by police and paramedics and had refused to put down a steak knife when police officer White used his Taser.
New South Wales Supreme Court jury deliberated for just over three days before returning a verdict of guilty to one charge of manslaughter against White for breaching his duty of care to Nowland and engaging in an unlawful and dangerous act.
White had told the court he believed that a “violent confrontation was imminent” – the condition for firing a Taser under standard operating procedures in New South Wales. The rules state that a Taser may only be used against elderly people in “exceptional circumstances.”
The prosecution had argued that White’s use of the Taser was “utterly unnecessary” and an excessive use of force against a frail, elderly woman. After she was shocked with the device, Nowland fell backwards, hitting her head. She died a week later in hospital.
Nowland’s family released a statement after the guilty verdict, thanking the judge, jury and prosecutors, and saying it would 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.”
In the witness box, White was asked to explain what was going through his mind as he and his police partner approached Nowland, who was found by carers sitting in a small office. She was wearing pajamas and had a walking frame nearby for support.
Asked for his first impressions of Nowland, White agreed that she was elderly, but took issue with the suggestion she may have been frail.
“Bit of a subjective question,” White said. When asked again, he said, “not that frail, no.”
While White agreed that Nowland was small in stature, when asked if she was weak, he said he “wouldn’t be able to give an answer.”
On the video, White can be heard repeatedly asking Nowland to put the knife on the table. After she refused and stood up, with one hand on the walker, White pulled out his Taser.
“You see this?” White asked her. “This is a Taser. Drop it now,” he said, referring to the knife. Then after a few more appeals, he warned her “you’re gonna get tased.”
Evidence submitted to court included images of the knives and torch Nowland was holding, and damage to her pajamas from the police response.
Evidence submitted to court included images of the knives and torch Nowland was holding, and damage to her pajamas from the police response.
After more warnings, White can be heard saying, “Nah, bugger it” and deployed the Taser.
The court heard White had the Taser pointed at Nowland, its light shining in her eyes, for one minute before he used it.
Asked what he meant by “Nah, bugger it,” and if it was a sign he was “fed up” and had abandoned attempts to resolve the issue, he disagreed.
“I was going to be firing a Taser at a 95-year-old. I felt it was my only option at the time to ensure a safe resolution of the incident,” he said.
“I completely understand it was going to cause her some sort of, you know, injury and pain, but I felt that the risk had elevated to the point that, you know, it required a resolution, and it’s not our job to shy away from these types of incidents,” White said.
“I was not going to essentially gamble on the risk of having her out in the corridor,” he added.
In summary, Crown Prosecutor Brett Hatfield pointed to contradictions in White’s testimony as he tried to justify his actions in deploying the Taser.
“Answers were malleable and changing, even within a few questions,” he said, while also describing some of White’s responses as “evasive and unpersuasive.”
“This was not a mere breach of the standard of care,” said Hatfield. “This was such an utterly unnecessary and obviously excessive use of force on Mrs. Nowland that it warrants punishment for manslaughter,” he said.
White was suspended from the NSW Police Service after the incident. He will be sentenced at a later date.
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