Clare Nowland: How police are trying to stop daughter of grandmother Tasered – from watching the moment her mother was fired upon by a cop
NSW police are trying to stop Clare Nowland’s daughter from watching “confrontational” bodycam footage of the moment her mother was tasered as part of a civil case the family has brought against the state.
The 95-year-old grandmother died in hospital in May, a week after she was tasered by a NSW police officer at the Yallambee Lodge retirement home in Cooma, in the state’s south.
Officers were called to the facility on May 17 after reports that Ms Nowland, who suffered from dementia, was wandering around with kitchen knives in her hand.
Police allege Senior Constable Kristian James Samuel White asked Ms Nowland to give up the knife several times before saying ‘bugger it’ and firing his stun gun at the dementia patient, who was using a walker.
Clare Nowland died after being tasered at a Cooma care home on May 19 while her daughter tried to view bodycam footage of the moment Ms Nowland was shot as part of the family’s civil case against the state.
She fell backwards and hit her head on the ground before dying later on May 24 at Cooma Hospital.
Ms Nowland’s family filed a civil case against the state of NSW on May 19 for trespass against a person (assault and battery) and negligence, with her daughter Leslie Lloyd listed as executor.
Since her death, Ms Nowland’s son, Michael Nowland, is now listed as executor of the estate and as a claimant in the proceedings.
Her children, Leslie Lloyd, Michael and Dennis Nowland followed the proceedings through AVL when it was mentioned in the NSW District Court on Thursday.
The case had previously been heard in Bega, where the media could not attend, but this week an application was made to the District Court in Sydney to overturn a registrar’s decision.
Peter Tierney, who represented Mrs Lloyd, told the court she only wanted to gain access as a ‘senior member of the family’ and provide emotional support to her brother as executor of the estate.
The grandmother wandered around the Yallambee Lodge nursing home with kitchen knives in her hand before officers asked her to hand them over.
Senior Constable Kristian James Samuel White, 33, reportedly said ‘bugger it’ before firing his taser at the 95-year-old dementia patient
Raphael Perla represented the state of NSW and opposed the application.
“We have some difficulty in understanding why the police here are so vehemently opposed to a daughter of the deceased being allowed to view anything relating to her mother’s death,” Tierney told the court.
Judge Matthew Dicker SC told the court there was a ‘matter of balancing the desire to protect Constable White in the criminal proceedings while ensuring that the evidence in both cases was ‘most reliable’ and ‘not amenable for criticism’.
Despite the concerns, the judge allowed lawyers representing the family to show Ms Lloyd and Mr Nowland the bodycam footage of the incident.
But Ms Lloyd would not be allowed to view the footage until December to ensure she has enough time to give police a statement that could be used in criminal proceedings.
Judge Dicker questioned why no statement had been made despite charges being filed in May.
Ms Nowland’s daughter will be able to view bodycam footage of Senior Constable White (pictured, blue suit) in December after giving police a statement
He told the court the six-week delay was to ensure Ms Lloyd’s statement and memory of her mother’s condition would not be “tainted” by viewing the video.
“Legitimate issues have been raised about the critical importance of a fair criminal trial in our society,” Judge Dicker said.
The judge ordered the state and NSW taxpayers to pay the costs of Ms Lloyd’s application after the state unsuccessfully fought the application.
Although the application was successful, Mr Perla asked the judge to delay the orders for 28 days to allow the state to appeal.
This means the state has 28 days to appeal Judge Dicker’s decision, but if they do not decide to do so, Ms Lloyd can view the footage in December after giving a statement to police.
Mediation in the case would take place sometime before December, the court was told.
Constable White, 33, is charged with recklessly causing grievous bodily harm, assault occasioning actual bodily harm, and general assault for alleged ‘excessive use of force’.
The case remains in local court, and certification of the charges is expected to take place in December.
Constable White has been suspended with full pay.