November 11th 2024.
The court case against a police officer charged with the unlawful killing of an elderly resident in an aged-care home has finally begun. The incident in question occurred in the early hours of May 17, 2023, at the Yallambee Lodge in Cooma, a town in southern New South Wales. The accused, Senior Constable Kristian James Samuel White, used a stun gun on 95-year-old great-grandmother Clare Nowland, causing her to fall and hit her head on the floor. She unfortunately passed away a week later due to an inoperable brain bleed.
As the trial commenced in the NSW Supreme Court, White pleaded not guilty to manslaughter in front of the jury. While it is not disputed that he discharged his Taser, the officer maintains that he acted in the line of duty, with the intention of protecting others from harm and preventing a breach of the peace. His defense lawyer, Troy Edwards SC, emphasized that his client was merely fulfilling his obligations as a police officer.
On the other hand, Crown Prosecutor Brett Hatfield SC argued that the use of force in this situation was criminally negligent. He asserted that a reasonable person would have foreseen the likelihood of serious injury resulting from the use of a stun gun on a frail and elderly individual. The court also heard that Nowland had previously displayed aggressive behavior towards staff, and was suffering from symptoms of dementia.
The events leading up to the use of the Taser were then recounted to the jury. At around 3am on May 17, Nowland had grabbed two steak knives from the kitchen and was roaming the facility with her four-wheeled walker, causing disturbance among the other residents. When confronted by staff, police, and ambulance officers two hours later, she raised one of the knives in a threatening manner. Despite repeated warnings and attempts to stop her, White ultimately resorted to using his Taser, after which the incident quickly came to an end.
As the trial resumed the next day, the jury was shown CCTV footage of the incident, capturing the moments before and after the Taser was used. The footage lasted only a few minutes, but it provided crucial evidence in the case. The jury was able to see the events unfold for themselves and make their own judgments based on the evidence presented to them.
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