The alleged shocking altercation between police and a 95-year-old great-grandmother moments before she was tasered in her nursing home and later died has been revealed in court.
Clare Nowland, who suffered from dementia, was hit with a Taser by police at the Yallambee Lodge aged care facility near Cooma, in the NSW Snowy Mountains, on May 17.
She died a week later in hospital from head injuries, surrounded by some of her eight children, 24 grandchildren and 30 great-grandchildren.
The Nowland family initiated civil proceedings against the state government after her death.
Clare Nowland (pictured), 95, died after being hit by police with a Taser at the Yallambee Lodge aged care facility near Cooma on May 17
Yallambee Lodge aged care facility near Cooma, in the NSW Snowy Mountains
In their statement of claim filed with the court, the executor of Ms Nowland’s estate claims NSW Police acted unreasonably and tried to downplay what happened in front of Yallambee Lodge staff, police said. Daily telegram.
One of the officers, Senior Constable Kristian White, is defending separate charges in a criminal court.
Neither he nor his fellow officer, Sergeant Rachel Pank, are listed as defendants in the civil case.
The court document contains a detailed account of what allegedly happened in the early hours of May 17, when Ms Nowland was tasered while holding a knife and using her walker.
Staff at Yallambee Lodge reportedly called an ambulance just after 4am that morning.
At approximately 4:489 a.m., two police officers arrived at the facility where a frail Ms. Nowland was found sitting in a chair at a desk in the nurse’s treatment room, holding a knife in her right hand.
Referring to evidence allegedly from body-worn police cameras, the family’s statement of claim alleges that at 5.08am the two officers put on cut-resistant gloves and discussed disarming Ms Nowland.
“Actually, it would be an idea to take her outside where we can just take the knife away from her,” Senior Constable White reportedly said in a transcript of body-worn footage.
“I feel like I could do it right now,” Sergeant Rachel Pank replied.
As Ms Nowland, who was 157cm tall and weighed just 43kg, stood with her walker, she was warned several times by police officers.
“Oi, we’re not playing this game Clare, you’re going to put that down,” White said in the transcript.
Senior Constable Kristian White (left) has been suspended from the police force with pay
The Nowland family has launched civil proceedings against the state government (Photo: Guests arrive at Mrs Nowland’s funeral in June)
‘This is your first warning. Do you see this? This is a taser. Drop it now, he said.
“Look, if you keep coming, you’re going to get a taser.
‘Stop now. Don’t think I’m going to give you another warning.’
Less than a minute later, White allegedly said: “Bugger it” and fired the taser from two meters away, causing Clare to fall off her walker and hit her head.
‘Clare, come on. You’re doing well. Talk to us, Clare,” the officers reportedly said after the 95-year-old fell.
‘Is everything all right? Is your head okay Clare.’ Sergeant Pank asked.
“I didn’t expect it to be like this,” Pank then says, according to the transcript.
‘Unfortunately it had to happen this way. I thought I could just grab it, but he was a little too sharp and pointed it at me. I thought I could knock it out of her hand.’
“I would prefer not to have to…” White said after Ms. Nowland pulled away, the document said.
“Don’t be the person in town who tasered a 95-year-old,” Sergeant Pank asked.
‘No. No one actually got stabbed,” White responded.
“Oh yeah, that too,” said Sergeant Pank.
White then said, “It was the slowest fall ever.”
Court documents allege NSW Police acted unreasonably and tried to downplay what happened in front of Yallambee Lodge staff (Photo: Ms Nowland’s funeral in June)
The Nowland family claims the officers’ discussion of the incident while Clare lay on the floor was “demeaning, dismissive (and) selfish” and showed “disregard for the harm they caused Clare.”
They also claim that none of the officers “apologized or expressed any regret or remorse” to the family.
They also criticize the way Ms Nowland was treated after being hit with the Taser.
“White’s actions in applying further force to Clare by restraining her and pinning her to the ground after hitting her with the Taser were humiliating and unnecessary, regardless of Clare’s loss of consciousness and the likelihood that she would be seriously injured.” had suffered a head injury,” the spokesperson said. family claim in court documents.
The claim alleges that Officer White fired the Taser knowing that Ms. Nowland was elderly, disabled, had limited mobility and was of a “particularly small body weight.”
“He knew or should have known that Clare posed a minor threat to himself… and a very minor risk of harm to other persons,” the claim alleges.
The claim accuses the officers of failing to properly consider alternative and safer methods to restrain Ms Nowland and de-escalate the situation.
“White’s actions were grossly disproportionate and excessive use of force,” the claim says.
Ms Nowland, who was 157cm tall and weighed just 43kg, died a week after being tasered by police
Constable White, who fired the Taser, is separately facing criminal charges of recklessly causing grievous bodily harm, assault occasioning actual bodily harm, and general assault in the local court over the incident.
White has been suspended from the force with pay, while Pank faces no criminal charges in connection with the incident.
In their case, the Nowlands allege that the Taser was fired contrary to police guidelines and that Sergeant Pank, as the senior officer, did not order her colleague not to use the weapon on the elderly woman.
Police have also called in a critical incident team to investigate the incident, which will be independently assessed.
The Nowland family is seeking damages over Clare’s death, including funeral and wake costs, loss of financial support, damages for curtailment of life expectancy and loss of financial support.
The NSW District Court can award damages of up to $1.2 million in civil cases.
On Thursday, the Downing Center District Court adjourned the case until October 26.