A police officer told an elderly woman with dementia symptoms they were "not playing this game" before he tasered her in dramatic footage played to his criminal trial.
Subscribe now for unlimited access.
or signup to continue reading
Senior Constable Kristian James Samuel White fired his stun gun at great-grandmother Clare Nowland at the Yallambee Lodge aged-care home in the southern NSW town of Cooma in the early hours of May 17, 2023.
The 95-year-old hit her head on the floor when she fell and had an inoperable bleed on the brain, dying at Cooma Hospital a week later.
White is on trial in the NSW Supreme Court for manslaughter.
On Tuesday, the jury was shown the incident in footage from the aged-care home's CCTV cameras, as well as body-worn cameras from White and his partner acting Sergeant Rachel Pank.
"We're not playing this game, Clare, you're going to put that down," White was heard saying as the 95-year-old approached them with a knife from inside one of the centre's treatment rooms.
Jurors heard electrical crackling come from the Taser as White activated it but initially did not fire.
"You keep coming, you're going to get tased," he told her.
As Mrs Nowland kept walking forward despite the warnings, the 34-year-old was heard saying "nah, bugger it" before discharging his weapon.
The 95-year-old was seen taking the impact and hunching forward before falling backwards onto the floor, where she lay still.
"Got her, grab it, grab it, grab it," White yelled.
These dramatic scenes on camera were supplemented by those in court on Tuesday as the trial had to be halted for an hour-an-a-half after a juror fainted in the jury box.
The court had just heard evidence from forensic pathologist Sairita Maistry who was tasked with conducting an autopsy on Mrs Nowland's body on May 26, 2023.
"I've been assured there will be no more doctors and if there are we'll let you know in advance," Justice Ian Harrison told jurors on their return.
Dr Maistry told the court the 95-year-old had a bruise on the back of her head where she had hit the ground.
A neuropathologist examining Mrs Nowland's brain found bleeding and contusions, the jury was told.
"Multiple types of blunt force trauma were present," Dr Maistry said.
"Can that arise from one blow such as a fall?" crown prosecutor Brett Hatfield SC asked.
"That's correct," she replied.
At the time of the autopsy, Mrs Nowland was 154 cm tall and weighed 47.5 kg, the court was told.
A technical officer from the NSW Police Force Christian Halbemeir, who examined White's Taser, testified that on May 17, 2023, the weapon had been functioning within guidelines set by its manufacturer Axon Enterprises.
Although pain came with electrocution, the purpose of the weapon was to subdue an individual through neuromuscular incapacitation, he told the jury.
Checking the weapon's digital log, which recorded how it was used that night, Mr Halbemeir said White had taken one minute and 15 seconds from turning off the safety switch to discharging the barbs.
The jury heard that only 26 seconds after White "arced" the weapon - setting off electrical sparks and a loud, frightening sound as a warning - he fired it.
Mrs Nowland was hit with pulses of electricity for just over four seconds, the jury heard.
While there is no dispute White discharged his Taser and this led to the 95-year-old's death, the officer stands by his actions.
On Monday, defence barrister Troy Edwards SC said his client had a duty to protect others from injury or death and acted against the risk that Ms Nowland posed with the knife.
But Mr Hatfield told jurors the use of force amounted to criminal negligence and a reasonable person could foresee the likelihood of serious injury.
The trial continues on Wednesday.
Australian Associated Press
