By Adriane Reardon for ABC
Clare Nowland, who had symptoms of dementia, was tasered by Senior Constable Kristian White.
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A police officer who tasered a 95-year-old woman in her New South Wales aged care home has been found guilty of manslaughter.
Kristian White, 34, discharged his taser at Clare Nowland in a nurses’ room at Yallambee Lodge, Cooma on May 17, 2023.
White and another officer responded to a triple-0 call made by staff as the great-grandmother roamed the facility in her walker while holding a steak knife.
Nowland, who suffered symptoms of dementia, fell and hit her head after she was tasered and died a week later in Cooma Hospital from an inoperable brain bleed.
A 12-person jury delivered its judgement on the fifth day of deliberation in the NSW Supreme Court in Sydney, finding White guilty of the single charge of manslaughter.
Members of Clare Nowland’s family who were in the court bowed their heads in relief and embraced each other when the verdict was read.
White kept his eyes on the ground as he received the news.
The offence of manslaughter carries a maximum sentence of 25 years in prison in NSW.
White will remain on bail for now and the proceedings have been adjourned to tomorrow where arguments will be heard in relation to the Crown’s detention application.
Lawyer Sam Tierney has released a statement on behalf of the Nowland family
“The family would like to thank the Judge and jury for carefully considering the matter and the DPP prosecution team for their hard work,” it 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.”
Crown Prosecutor Brett Hatfield SC argued during the trial that White had breached a duty of care he owed to Nowland and committed manslaughter by way of criminal negligence or by committing an unlawful or dangerous act.
Hatfield said White’s use of the taser in his role as a police officer was unnecessary and excessive, given Nowland’s advanced age, her reliance on a walker, her demented state, her fall risk, and that the officers present were able to move away from her.
– ABC