Sign Up
..... Australian Property Network. It's All About Property!
Categories

Posted: 2024-11-17 23:29:24

Senior Constable Kristian White is giving evidence at his own trial after pleading not guilty to the manslaughter of great-grandmother Clare Nowland, telling the NSW Supreme Court you "don't underestimate" anyone carrying a knife.

Senior Constable White tasered the 95-year-old at the Yallambee Lodge aged care facility in Cooma in May 2023, after she was found using a four-wheeled walker and holding a serrated steak knife in her right hand.

After Senior Constable White deployed his taser, Mrs Nowland fell to the ground and hit her head.

She was taken to Cooma Hospital where she was diagnosed with an inoperable brain bleed and died a week later.

an elderly woman looking at the camera

Clare Nowland died in Cooma Hospital in May 2023. (Supplied: NSW Police)

The trial has entered its sixth day in Sydney, where defence barrister Troy Edwards SC called on his client to enter the witness box to give evidence.

It is the first time the officer has spoken publicly since the incident.

He was asked about his training as a police officer, and if he remembered the advice about dealing with someone carrying a knife.

"It was taught that you don't underestimate anyone carrying a knife, at all," Senior Constable White said. 

The officer told the jury he did not think Mrs Nowland would be seriously injured as a result of being tasered, and was asked how he felt about her death.

"I'm upset and devastated by it," he said.

"I never intended for her to be injured by it at all."

Mr Edwards asked his client if he took Mrs Nowland's elderly state into account before deploying the taser.

Senior Constable White said he did, and issued a number of verbal directions for her to drop the steak knife.

"I was going to give her every opportunity to have her comply with my directions," he said.

"Do you believe you did that?" Mr Edwards asked.

"I believe I thought I did," Senior Constable White said.

A man in a dark-blue suirt and a blue patterned tie.

Defence barrister Troy Edwards SC is representing Senior Constable White in the Supreme Court trial. (ABC News: Keana Naughton)

Initial attempts to disarm failed

The officer told the court he initially hoped his colleague, Acting Sergeant Jessica Pank, could grab the knife off Mrs Nowland to disarm her.

He said the failed attempt resulted in Mrs Nowland giving a "very intense stare" as she continued using her walker and holding a knife in her right hand.

"I thought it would be an idea to take a sterner tone with her," Senior Constable White said.

"Her actions were not safe and becoming intimidating towards us."

He said Mrs Nowland raised the knife and pointed it towards him and his colleague, prompting him to draw his taser.

"I felt the threat was increasing significantly," he said.

"It definitely, clearly communicated her intent that she was going to use the knife if anyone got near her."

He said that as a police officer, you don't draw your taser "unless you're prepared to use it".

He said simply walking away from Mrs Nowland would not have "resolved the situation", and activating the warning arc of his taser was a "communication technique to try and scare Clare" in a bid to stop her walking forwards with the knife.

The jury heard the great-grandmother had a "half-a-second pause" before she continued walking.

Man in a dark-blue suit walks holding the hand of a woman in a grey and black dress.

The manslaughter trial of Senior Constable Kristian White (left) is entering its second week. (ABC News: Keana Naughton)

'I didn't want to tase Clare'

Earlier, he was asked why he said "bugger it" before discharging the taser.

He said he took into account that attempts to communicate with Mrs Nowland were not working, the incident had been going on for "several hours", and the danger was increasing.

"It did weigh on my mind, I didn't want to tase Clare," Senior Constable White said.

"But I was also weighing up the safety of everyone present.

"Her intent was quite clear; she was going to use the knife on us."

The accused said it was his responsibility as a police officer to ensure no-one got stabbed.

"I would rather not have anyone stabbed at all for any reason," he said.

"It's one of the core ethos of police to protect life … it's been part of our training from day dot."

Man in a dark suit and tie wearing glasses dragging a suitcase

Crown Prosecutor Brett Hatfield quizzed Senior Constable Kristian White about the physical condition of 95-year-old Clare Nowland.  (Keana Naughton: ABC News.)

Senior Constable White told the court he had deployed a taser twice before the incident involving Mrs Nowland.

Under cross examination from Crown Prosecutor Brett Hatfield SC, he was asked whether Mrs Nowland's physical characteristics were taken into account.

"Did she look like she was frail?" Mr Hatfield said.

"I think you're asking the proverbial piece of string question," Senior Constable White replied.

When Mr Hatfield repeated the question, the police officer responded by saying she was "not the frailest I've seen".

"I thought she looked quite well for someone at 95 years of age," Senior Constable White said.

Mr Hatfield asked what he had expected to happen once he discharged his taser at Mrs Nowland.

He said he thought "she would actually fall onto her walker", "because she was hunched over at the time".

"From my experience, the probes have little to no striking force," he said.

The court heard Senior Constable White graduated from the police academy in 2011 and had been stationed at Cooma since 2017, but had never been to Yallambee Lodge prior to the call-out on May 17.

He said he was still employed as a NSW police officer but was not on active duty.

The prosecution alleges the 34-year-old committed manslaughter by way of criminal negligence or by committing an unlawful or dangerous act.

The defence argues their client's actions were not disproportionate to the threat.

View More
  • 0 Comment(s)
Captcha Challenge
Reload Image
Type in the verification code above