The Supreme Court jury in the manslaughter trial of Senior Constable Kristian James Samuel White was shown harrowing footage capturing the moments leading up to and following the tasering of 95-year-old Clare Nowland.
The frail great-grandmother, who suffered from dementia, fell and sustained fatal injuries in the incident at Yallambee Lodge, an aged care home in New South Wales, on 17 May 2023.
The court was presented with CCTV and police body-worn camera footage which showed Mrs Nowland, who weighed only 47.5 kilograms, moving slowly through the aged care facility with a walker and holding a small knife.
This footage formed a crucial piece of evidence, providing a rare, in-depth look into both the behaviour of Mrs Nowland and the actions of Senior Constable White, who stands accused of manslaughter by criminal negligence or an unlawful and dangerous act.
In silent CCTV footage, Mrs Nowland was seen entering the dining area at Yallambee Lodge in the early hours of the morning. She appeared disoriented, as often seen in dementia patients, and held a small knife while leaning heavily on her walker.
Later, body-worn camera footage captured the arrival of police and paramedics, showing a tense exchange between Mrs Nowland and the officers.
In the video, Mrs Nowland is seated in a nurse’s office, visibly frail, as officers repeatedly asked her to set down the knives. Paramedics also attempted to calm her, gently encouraging her to remain seated and to put the knife on her walker.
Despite initial compliance, Mrs Nowland then stood up with the knife still in her hand. Senior Constable White’s voice could be heard in the footage saying, “We’re not playing this game, Clare,” followed by multiple warnings to put down the knife.
As she approached the doorway with her walker, he stated firmly, “You keep coming, you’re going to get tased.” Seconds later, after Mrs Nowland failed to comply, White discharged his taser.
The courtroom watched as Mrs Nowland fell backwards onto the ground after the taser was fired, and officers rushed to assist her. Senior Constable White’s voice could be heard again, this time saying softly, “Clare, come on, you’re alright,” as he checked her pulse and comforted her.
The footage stirred a mix of emotions in the courtroom, as it showed the brutal impact of the tasering on the 95-year-old. The jury also viewed images of Mrs Nowland’s checked pyjamas, which bore small holes from the taser marks, as well as a close-up of her frail body, which endured both the physical trauma of the fall and the effects of the taser.
Forensic pathologist Dr Sairita Maistry, who performed the autopsy on Mrs Nowland, testified in court that her death was due to blunt force trauma to the head, compounded by other complications. Dr Maistry’s testimony clarified that Mrs Nowland had sustained a severe brain injury as a result of the fall, which ultimately led to her passing one week after the incident.
The jury has been instructed by Justice Ian Harrison to disregard any media reports they may have seen or heard about the case. Senior Constable White’s defence argued that his decision to taser Mrs Nowland was a reasonable use of force under the circumstances.
Prosecutor Brett Hatfield, however, contended that White’s actions amounted to criminal negligence, violating his duty of care to Mrs Nowland.
Of course the video would be shocking.
There was so much more that happened that day. Hello Care needs to balance the reporting of this incident.
What about the threats to the other residents safety with poor Claire carrying 2 knife’s and entering other rooms and making threats and throwing a knife at a carer.
Claire not so frail, seen attempting to climb trees, ramming her 4WW at staff, biting and kicking staff that resulted in a trip to the psych ward in Cooma Hospital weeks before she died.
Please do not perpetuate the frail old lady stereotype. When dementia sufferers are in an episode their strength is increased as any carer could testify to and that a professor actually did at the trial.
This would be a good time to highlight the voience toward staff that clinically unwell patients present when their illness gets worse and medication is reduced as happened to Claire.
Staff are leaving due to issues like this and no one has reported properly on it.
I expected a more serious in depth analysis of the proceedings from the first 2 days but looks like you are biased toward seeing the incident in black and white only, when the real story is the shades of grey.
Very disappointing
This is a 95-year-old woman with a walker. She could have been disarmed with a broom and blanket. There is absolutely no excuse for the excessive use of force.
Why were the staff not trained to deal with a dementia resident in this situation without
Involving the police? There are ways to deflect a dementia residents if the staff are trained. It’s disgusting and unnecessarily for her to be tasered. The officer definitely charged with manslaughter