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Posted: 2024-11-11 01:39:03

A Supreme Court jury has heard a police officer charged with manslaughter said "bugger it" moments before tasering a 95-year-old woman in a nursing home.

The statement was made by Crown Prosecutor Brett Hatfield SC during his opening remarks to the jury, which was empanelled this morning, in the trial of Senior Constable Kristian White.

Kristian James Samuel White, 34, has pleaded not guilty to the manslaughter of Clare Nowland.

The great-grandmother was tasered at the Yallambee Lodge aged care facility at Cooma in the NSW Snowy Mountains on May 17, 2023.

Mrs Nowland fell and fractured her skull.

She died one week later in Cooma Hospital.

an elderly woman looking at the camera

Clare Nowland, who had symptoms of dementia, died in Cooma Hospital in May 2023. (Supplied: NSW Police)

The jury was told Senior Constable White was called to Yallambee Lodge to assist paramedics, following reports of an aggressive resident raising a knife at staff.

The court heard Mrs Nowland was later found in a nurse's office, sitting on her walking frame and holding a knife.

Mr Hatfield said her "mobility was limited to a slow pace" when she made her way to the door of the room before being tasered by Senior Constable White.

"The accused said 'bugger it' and deliberately discharged his taser at Mrs Nowland who fell backwards … and sustained a fatal head injury," he said.

'He owed a duty of care'

The prosecution will allege Senior Constable White breached a duty of care to the deceased, and committed manslaughter by way of criminal negligence, committing an unlawful or dangerous act.

a composite image of the outside of a nursing home and an elderly woman

Clare Nowland was tasered at Yallambee Lodge. (ABC News)

"He owed a duty of care … which included a duty not to injure or cause harm," Mr Hatfield said.

The jury heard Mrs Nowland had not been formally diagnosed with dementia, but had symptoms akin to it.

Mr Hatfield said the Crown would explore whether Senior Constable White's actions "exceeded the force that was reasonably necessary", considering Mrs Nowland's "age, lack of mobility and fragility".

He told the court CCTV footage from the aged care facility and police body-worn footage from the incident would be produced as part of the trial.

'Breach of the peace' was occurring

Defence barrister Troy Edwards SC told the jury in his opening statement that his client, who has been a police officer for 12 years and remains so, did not breach a duty of care by discharging his taser at Mrs Nowland.

He told the court the defence would argue it was a reasonable use of force by a police officer.

"A serving police officer has a duty to prevent the breach of the peace," Mr Edwards said.

"A breach of the peace is exactly what was occurring … and it continued until he discharged his taser on Mrs Nowland."

A man wearing sunglasses.

Senior Constable Kristian White has pleaded not guilty to manslaughter. (File photo/ABC South East NSW: Floss Adams)

Mr Edwards said his client tried to negotiate with Mrs Nowland, and asked her to drop the knife a number of times before the taser was deployed.

The jury was told Mrs Nowland's cognitive behaviour had been in decline in the lead up to the incident, with reports she had struck a staff member at Yallambee Lodge in March 2023, and tried to ram a member of the staff with her walker in April.

The defence also told the court Senior Constable White was aware that in the weeks leading up to the incident, Mrs Nowland had punched and tried to bite hospital staff.

The jury heard that when he discharged his weapon, Senior Constable White felt a violent confrontation with Mrs Nowland was imminent.

A group of formally dressed middle-aged people walk along a street outside the NSW Supreme Court.

Family and friends of Clare Nowland are attending the trial of the police officer accused of her manslaughter. (ABC News)

Family requests privacy

Senior Constable Kristian White has been on bail since he was first charged in May 2023.

His trial before Justice Ian Harrison in the NSW Supreme Court in Sydney has been listed to take four weeks, although the court today heard it may go for only two or three.

Clare Nowland's family issued a statement over the weekend asking for privacy during the course of the trial.

"The Nowland family wish to make clear that they will not be making any public comment in relation to the upcoming criminal trial of Kristian White," the statement read.

"[We] ask that the media and public please respect their decision, during what will be a difficult period for the family as the criminal process takes place."

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