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‘Confronting and shocking’: Alleged facts released in tasering of Clare Nowland

Clare Nowland's family sues NSW government

The police officer charged with tasering 95-year-old Clare Nowland allegedly said “Nah, bugger it” before using the stun gun on the nursing home dementia patient.

Court documents reveal NSW Constable Kristian White had moments earlier lit up his taser to warn the great-grandmother and said “See, you are going to get tased”.

The NSW Police statement of facts was released on Wednesday, shedding further light on the May 17 incident that sparked national outrage.

The Nowland family, speaking through their lawyer, responded that the alleged details were “extremely confronting and shocking”.

“Clare’s family ask that they are please given privacy and space while they consider this latest information.”

Constable White, 33, faces several charges and is suspended with pay after tasering the Cooma great-grandmother in her aged-care home in southern NSW.

Mrs Nowland, who was diagnosed with dementia, died a week later from injuries sustained in the incident.

The facts sheet alleges that about 3.10am on the morning of the incident, nursing home staff saw Mrs Nowland carrying two kitchen knives.

The elderly woman, who used a walker, moved slowly from patient room to patient room over more than an hour — entering three residents’ rooms.

Staff called for paramedics’ help, but mention of the knives meant the off-duty Constable White and his colleague were also called in.

When police arrived about 4.49am, Mrs Nowland’s whereabouts were initially not known.

She was soon cornered in a treatment room in an admin building. Mrs Nowland was repeatedly asked by staff, paramedics and police to put down a serrated knife but said “no” or did not respond.

To one demand, the 95-year-old put down a small torch she was also holding.

Constable White’s colleague attempted to get close enough to take the knife from Mrs Nowland’s hand but she then raised it to chest height, causing a retreat.

That officer then put her foot against Mrs Nowland’s walker, stopping her slow movement out of a treatment room.

Constable White, with taser drawn, told the grandmother: “Clare, stop now, see this, this is a taser, drop it now, drop it, this is your first warning”.

When Mrs Nowland kept trying to move forward, he allegedly activated a visual and audio warning on the taser.

“See, you are going to get tasered … Clare stop,” Constable White allegedly said.

But Mrs Nowland raised the knife again and pointed it at the other officer, standing two metres from her.

“Stop, just … nah, bugger it,” Constable White then said before deploying the taser, according to the police statement.

That moment was allegedly about 18 minutes after police arrived.

Still holding her walking frame, Mrs Nowland fell backwards, hitting her head heavily on the timber floor.

The officers and paramedics immediately treated her, before Constable White and his colleague left to attend another job.

It was about seven hours before he was removed from active duty.

NSW Police guidelines state a taser should not be used against an elderly or disabled subject unless there are exceptional circumstances.

After seeking the opinion of a police training expert, who inspected the scene and vision of the incident, prosecutors have alleged Constable White’s actions “were a grossly disproportionate response and excessive use of force to the threat posed”, considering Mrs Nowland’s age and ability.

The statement of facts was released a day after a Supreme Court bail hearing in which Constable White had conditions imposed, including attending court as ordered and not directly contacting the Nowland family.

He is charged with recklessly causing grievous bodily harm, assault occasioning actual bodily harm and common assault.

A plea has not been entered on any of the charges and the matter will return to Cooma Local Court on September 6.

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