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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, initially holding two knives and entering other residents rooms.
She was later found by paramedics and police officers, including White, in a nurses' room at the facility with one steak knife.
An exchange lasted for about three minutes where officers attempted to get Mrs Nowland to drop the knife and stop moving, before White said "bugger it" and deployed his taser.
Mrs 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 deliberations 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.
Kristian White used his taser on 95-year-old great-grandmother Clare Nowland. (AAP: Bianca De Marchi)
The offence of manslaughter carries a maximum sentence of 25 years in prison in NSW.
Family responds
Mrs Nowland was survived by eight children, 24 grandchildren and 31 great-grandchildren.
Her family members, who have asked for their privacy to be respected, left the Supreme Court chatting and holding hands.
Many had travelled from Cooma in the Snowy Mountains to attend the Sydney trial.
Lawyer Sam Tierney has released a statement on behalf of the 95-year-old's 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."
White remains on bail
White stopped to speak with his partner, who was clutching a tissue in her hand, after the court was adjourned.
He was hounded by media as he exited the building, but avoided answering any questions before being driven away in the passenger seat of a waiting vehicle.
The 34-year-old has had his bail continued, and the proceedings have been adjourned to tomorrow when arguments will be heard in relation to the Crown seeking a detention application.
Kristian White and his partner arriving at the NSW Supreme Court in Sydney this morning. (ABC News: Jamie McKinnell)
Defence barrister Troy Edwards SC said he would challenge that, arguing that a custodial sentence was not inevitable.
Justice Ian Harrison told the court he wanted to hear more evidence about the conditions White could face if taken into custody.
Crown prosecutor Brett Hatfield SC argued during the trial that White had breached a duty of care he owed to Mrs Nowland and committed manslaughter by way of criminal negligence or by committing an unlawful or dangerous act.
Mr Hatfield said White's use of the taser in his role as a police officer was unnecessary and excessive, given Mrs 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.
Defence barrister Troy Edwards SC argued that White's actions were not disproportionate to the threat Mrs Nowland posed, and were a necessary use of force to prevent a "breach of the peace".