Court releases details around Clare Nowland’s alleged tasering by police

A police officer charged with tasering great-grandmother Clare Nowland at an aged care facility will be restrained by bail conditions as police consider upgrading his charges.

Kristian James White appeared via audiovisual link in the Supreme Court on Tuesday after being charged with recklessly causing grievous bodily harm, assault occasioning actual bodily harm, and common assault.

The 33-year-old is accused of discharging his weapon at the dementia patient, 95, at a nursing home in Cooma in the early hours of May 17. She fell backwards, suffering fatal injuries.

Mrs Nowland died in hospital on May 24 surrounded by her loved ones. She had eight children, 24 grandchildren and 30 great-grandchildren.

Police decided not to impose any bail restrictions when they charged Senior Constable White, who remains suspended from active duty, with full pay.

On Tuesday afternoon, the Director of Public Prosecutions asked the state’s highest court to impose bail conditions on the police officer to ensure he attends court.

Crown prosecutor Kate Owens asked the court to require Constable White to be well-behaved, appear in court when required and abstain from contacting anyone in Mrs Nowland’s family.

Justice Robert Beech-Jones noted the application was not opposed by Constable White.

“The facts placed before the court do allege an offence that is undoubtedly serious,” he said.

“To that extent, one can say that anyone facing a serious charge had an incentive not to appear in court.”

However, the Supreme Court Justice said the risk was “not particularly severe” in Constable White’s case and ruled he could continue to live in the community if he abided by the three restrictions.

He gave permission for the media to view a redacted copy of the police allegations against Constable White on Wednesday after Mrs Nowland’s family was given an opportunity to view the document.

Mrs Nowland had allegedly been holding a steak knife around 5am on May 17 when Constable White and a female colleague were called to Yallambee Lodge in Cooma.

Police allege the great-grandmother was using her walking frame as she slowly approached the officers with the knife in her hand, despite repeated requests for her to drop it.

The female officer – who is not accused of any wrongdoing – allegedly offered to “take it off her”.

Before she could act, Constable White allegedly replied, “Nah, bugger it”, and discharged his taser into the chest of the 43kg woman.

The dementia patient fell backwards and hit her head, fracturing her skull.

The footage of the tragic incident captured on a body-worn camera has been described as “confronting”.

The Crown’s detention application on Tuesday was a second attempt to rein in the man accused of injuring Mrs Nowland after a fiery court appearance in the Cooma Local Court earlier this month.

On July 5, an irate magistrate Roger Clisdell slammed the DPP for allowing Constable White to appear in court via audiovisual link rather than in person.

“Who runs this court, Ms Stuart? You or me?” he demanded of crown prosecutor Sally Stuart in a raised voice.

He said he felt “absolute disgust” that the decision had blindsided him, which meant that “dumbo here sitting on the bench just has to suck it up.”

The furious magistrate subsequently dismissed Ms Stuart’s application to impose bail restrictions on Constable White that would require him to appear in court.

“You excused him today, so why should I put him at your beck and call, not mine?” he demanded.

Ms Stuart conceded police should have considered imposing bail conditions on the police officer when he was charged with the “serious” offences.

Mr Clisdell opined that the Crown’s detention application was an attempt to placate anyone who might be “upset” about the police officer’s lack of bail restrictions.

His decision to dismiss the detention application was overturned in the state’s highest court on Tuesday.

The court appearance comes amid a cloud of speculation about whether the Crown will upgrade the charges laid against Constable White after Mrs Nowland died in hospital.

NSW Police Commissioner Karen Webb previously said it was “possible” the charges could be upgraded after a further investigation into the circumstances surrounding her death.

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