The police officer accused of tasing 95-year-old great-grandmother Clare Nowland at a retirement home will appear in the state’s highest court next week to fight for his freedom.
The Director of Public Prosecutions (DPP) will issue an arrest warrant for Senior Constable Kristian White, who has been living free in the community since he was charged with assaulting Ms Nowland before she died.
The 33-year-old is accused of firing his gun at the dementia patient at a nursing home in southern Cooma in the early hours of May 17. She fell backwards and suffered 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.
Clare Nowland died in May after allegedly being tasered at a nursing home in Cooma, southern NSW
Just hours before her death was announced, Constable White was charged with recklessly inflicting grievous bodily harm, assault with actual bodily harm, and common assault.
Police decided not to place bail restrictions on the police officer, who remains suspended from active duty with full pay.
A spokesman for the DPP confirmed that the High Court detention request would be an opportunity for the prosecutor to try to impose bail conditions on Agent White.
The Crown will ask that he be allowed to continue living in the community as long as he meets the proposed bail conditions, which have not yet been announced.
The request comes on the heels of a fiery trial in which the prosecutor’s office was heavily criticized for its approach to his bail.
Senior Constable Kristian White is charged with assaulting the 95-year-old and causing catastrophic injuries. Image: 9 News
On 5 July, an irate magistrate Roger Clisdell criticized the DPP for allowing Constable White to appear before Cooma’s local court via an audiovisual link without notifying him of the change.
“Who presides over this court, Mrs. Stuart? You or me?’ he asked, raising his voice, to Crown Prosecutor Sally Stuart.
He said he felt “absolute disgust” that the decision had blindsided him, meaning that “dumbo sitting here on the couch just has to suck it up.”
The furious magistrate then rejected Ms Stuart’s request for bail restrictions to be imposed on Constable White, which would force him to appear in court.
“You excused him today, so why should I call and serve him at your beck and call, not mine?” he demanded.
Ms Stuart admitted police should have considered imposing bail conditions on the police officer when he was charged with the ‘serious’ crimes.
Cooma Local Court, where NSW police officer Kristian White was due to appear in court in connection with tasing a 95-year-old woman. Photo: NCA NewsWire/Martin Ollman
Mr Clisdell believed the Crown’s detention request was an attempt to appease anyone who might be ‘upset’ about the police officer’s lack of bail restrictions.
His decision not to impose restrictions could be overturned in the Supreme Court on July 18.
The application for an arrest is expected to be opposed by Constable White’s lawyer, Warwick Anderson, who previously told Cooma’s local court that bail conditions were not necessary.
“There is no flight risk,” he said.
“He’s in no position to commit any more crimes.”
Sam Tierney, the lawyer for Ms Nowland’s family, said they respected the ongoing criminal case against Constable White and would not comment.
Ms Nowland’s family is suing the NSW government on her behalf
Earlier this week, he said the fatal incident at the retirement home was “a unique coincidence.”
“I suspect there is a lot more going on with this incident,” he told Nine’s Today show.
Mr Tierney is representing the family in a civil suit against the NSW government over alleged police actions.
The proceedings were brought on her behalf by Ms Nowland’s family while she was still fighting for her life in hospital.
The great-grandmother was reportedly holding a steak knife at around 5 a.m. on May 17 when Constable White and a female colleague were called to Yallambee Lodge in Cooma.
Police allege the 95-year-old used her walker to slowly approach officers with the knife in hand, despite repeated requests to drop it.
The incident that caused the death of Ms Nowland sparked protests against the arming of NSW police
The female officer – who has not been charged with any wrongdoing – is said to have offered to “take it from her.”
But Constable White reportedly replied “bugger it” and discharged his taser into the 100 lb (43 kg) woman’s chest.
The demented patient fell backwards and hit her head, fracturing her skull.
The footage of the tragic incident, captured by a body-mounted camera, has been described as “confrontational.”
Both NSW Police and a spokesperson for NSW Police Minister Yamin Catley said they could not comment on the civil case as it was before court.