The police officer charged with tasering 95-year-old great-grandmother Clare Nowland at an aged care home will face the state’s highest court next week to fight for his freedom.
The Director of Public Prosecutions (DPP) is due to make a detention application for Senior Constable Kristian White, who has been living freely in the community since he was charged with assaulting Ms Nowland before she died.
The 33-year-old is accused of discharging his weapon at the dementia patient at a nursing home in Cooma in the state’s south in the early hours May 17. She fell backwards and sustained fatal injuries.
Ms Nowland died in hospital on May 24 surrounded by her loved ones. She had eight children, 24 grandchildren and 30 great-grandchildren.
Only a few hours before her death was announced, Constable White was charged with recklessly causing grievous bodily harm, assault occasioning actual bodily harm, and common assault.
Police decided not to impose any bail restrictions on the police officer, who remains suspended from active duty with full pay.
A spokesperson for the DPP confirmed the detention application in the Supreme Court would be an opportunity for the state prosecutor to attempt to impose bail conditions on Constable White.
The Crown will ask that he continue to be allowed to reside in the community as long as he complies with the proposed bail conditions, which are not yet known.
The request comes on the heels of a fiery court appearance during which the office of the state prosecutor was heavily criticised for its approach to his bail.
On July 5, an irate magistrate Roger Clisdell slammed the DPP for allowing Constable White to appear in Cooma Local Court via audiovisual link without informing him of the change.
“Who runs this court, Ms Stuart? You or me?” he demanded of Crown prosecutor Sally Stuart in a raised voice.
He said he felt “absolute disgust” that the decision had blindsided him, which meant that “dumbo here sitting on the bench just has to suck it up”.
The furious magistrate subsequently dismissed Ms Stuart’s application to impose bail restrictions on Constable White that would require him to appear in court.
“You excused him today, so why should I put him at your beck and call, not mine?” he demanded.
Ms Stuart conceded police should have considered imposing bail conditions on the police officer when he was charged with the “serious” offences.
Mr Clisdell opined that the Crown’s detention application was an attempt to placate anyone who might be “upset” about the police officer’s lack of bail restrictions.
His decision not to impose restrictions could be overturned on July 18 in the Supreme Court.
The detention application is expected to be opposed by Constable White’s lawyer Warwick Anderson, who previously told Cooma Local Court that bail conditions were unnecessary.
“There is no flight risk,” he said.
“He’s not in a position of committing further offences.”
Sam Tierney, the lawyer for Mrs Nowland’s family, said they respected the ongoing criminal proceedings against Constable White and did not wish to comment.
Earlier in the week, he said the deadly incident at the aged care home was “a unique set of circumstances”.
“I suspect there is a lot more to this incident,” he told Nine’s Today show.
Mr Tierney is representing the family in a civil lawsuit launched against the NSW government over the alleged actions of police.
The proceedings were initiated by Mrs Nowland’s family on her behalf while she was still fighting for her life in hospital.
The great-grandmother had allegedly been holding a steak knife around 5am on May 17 when Constable White and a female colleague were called to Yallambee Lodge in Cooma.
Police allege the 95-year-old was using her walking frame to slowly approach the officers with the knife in her hand despite repeated requests for her to drop it.
The female officer – who is not accused of any wrongdoing – allegedly offered to “take it off her”.
But Constable White allegedly replied “bugger it” and discharged his Taser into the chest of the 43kg woman.
The dementia patient fell backwards and hit her head, fracturing her skull.
The footage of the tragic incident captured on a bodyworn camera has been described as “confronting”.
Both the NSW Police and a spokesperson for NSW Police Minister Yamin Catley advised they were unable to comment on the civil case, as it was before the courts.
Stay connected with us on social media platform for instant update click here to join our Twitter, & Facebook
We are now on Telegram. Click here to join our channel (@TechiUpdate) and stay updated with the latest Technology headlines.
For all the latest Lifestyle News Click Here
