Prosecutors in their case against the New South Wales police officer who allegedly tasered 95-year-old Clare Nowland will allege the officer’s actions were “grossly disproportionate” and “excessive” given the great-grandmother’s age and ability, according to court documents.
The revelation comes in a police statement of facts on the incident released by the NSW supreme court on Wednesday, the first time the full details of the alleged Tasering of the great-grandmother have been revealed.
The statement also says the police preliminary report found the circumstances of the incident did not meet the threshold for the officer to discharge a Taser.
Nowland died in hospital in May after she was allegedly Tasered by Sr Const Kristian White after she was found at her home in Yallambee Lodge nursing home in Cooma while carrying a knife.
After subsequent failed efforts by two police officers to convince Nowland to drop the knife as she approached on her walking frame, the officer accused of Tasering her said “stop just … Na bugger it” before deploying his weapon.
White is charged with recklessly causing grievous bodily harm, assault occasioning actual bodily harm and common assault.
The court document outlined in detail the alleged events that led up to the moment Nowland was Tasered.
At about 3.10am on 17 May, the documents says the registered nurse on duty at the aged care facility found Nowland in the corridor, on her walking frame, carrying two knives. The nurse suspected she had found those in the kitchen. After the nurse requested Nowland drop the knives, the great-grandmother replied “no”.
The documents allege Nowland was then found holding two knives while standing at the foot of another resident’s bed.
One staff member left to call Nowland’s family, but failed to reach them. She was then allegedly advised after a phone call to the facilities manager to call an ambulance as they believed Nowland should be taken to hospital and sedated. Around this time, Nowland is said to have thrown a knife at one of the carers. It missed and landed on the floor.
Ambulance officers requested police assistance.
White and another police officer arrived at the nursing home. The court documents allege Nowland was seated at a desk in an office chair with a knife and torch in her hand, and her walking frame next to her.
The court documents allege she was repeatedly requested by an ambulance officer to drop the knife.
She allegedly raised the knife towards the assisting police officer, and then she walked towards the doorway “very slowly” using her walking frame. It was then that White allegedly directed his Taser towards Nowland’s chest for the first time, activating a display of lights and a laser pointer, and directed her to stop.
But, the court document alleges, Nowland did not respond, and the assisting officer put her foot out to stop the walker as Nowland reached the doorway. Nowland allegedly raised the knife again, causing the assisting officer to move backwards.
The court documents allege the police and ambulance officer continued to encourage Nowland to put the knife down. White allegedly says to Nowland: “Clare, stop now, see this, this is a taser, drop it now, drop it, this is your first warning.”
Once Nowland crossed the doorway, White allegedly urged Nowland to again stop and activated the Taser’s visual and audio warning after the assisting officer advised him to do so.
After Nowland did not respond, White allegedly said: “See you are going to get tasered … Clare stop.”
The court documents allege Nowland raised the knife again after the assisting police officer attempted to block her walker.
Nowland then allegedly stopped, raised the knife towards the police officer, and remained stationary. White allegedly Tasered her from 1.5-2 metres away, causing Nowland to fall back and strike her head on the wooden floor.
According to the court documents, the ambulance officers rushed forward to provide medical assistance and secure the knife. Afterwards, Nowland was taken to the local hospital.
On Tuesday, White’s bail conditions were tightened by the court. He is now required to be on good behaviour, attend court as ordered, and is barred from contacting Nowland’s family or prosecution witnesses, except through a lawyer.
Nowland’s family released a statement through their lawyer on Wednesday.
“The facts alleged against Mr White are extremely confronting and shocking,” the Nowland family said.
“Clare’s family ask that they are please given privacy and space while they consider this latest information.”
The matter will return to Cooma local court on 6 September.
