Family of Clare Nowland settles lawsuit against state

The family of a 95-year-old woman, who died after she fell when a police officer allegedly tasered her in an aged care facility, has settled its lawsuit against the state government “on confidential terms”.

She died in hospital on May 24 and is survived by eight children, 24 grandchildren and 30 great-grandchildren.

Ms Nowland's extended family launched a civil lawsuit against the NSW Government over the alleged actions of police.

On Thursday, Nowland family lawyer Sam Tierney revealed the case had been settled.

“The Estate of the late Mrs Clare Nowland confirms that the District Court proceedings against the State of New South Wales have been discontinued on confidential terms,” he said in a statement.

“The Estate and Nowland family will not be making any further comments at this time in view of the ongoing criminal proceedings involving Kristian White.”

The family had previously described Mr White’s alleged conduct against Mrs Nowland as “extremely confronting and shocking”.

Police allege the senior constable reacted with “a grossly disproportionate response” by discharging his Taser at the 95-year-old woman in contravention of standard operating procedures.

According to court documents, Mrs Nowland was cornered in an office when she slowly ambled towards the officers standing in the doorway.

She was leaning on her walking frame but lifted her hand slightly to point her knife at an officer when she approached, the documents allege.

According to the documents, Mr White activated the Taser’s warning device in response, and pointed it at the chest of the great-grandmother.

“Clare, stop now, see this, this is a taser,” he allegedly cautioned her.

“Drop it now, drop it, this is your first warning.”

He allegedly lit up the device and initiated the audio before telling her, “See you are going to get tased”.

The dementia patient allegedly had the knife raised when Mr White said “stop just … nah bugger it” and deployed the taser into her chest.

Mr White was charged with manslaughter over the elderly woman’s death, but last month, he indicated he would plead not guilty to the charge. 

He had also been charged with recklessly causing grievous bodily harm, assault occasioning actual bodily harm, and common assault over the alleged “excessive use of force”.

However, crown prosecutors withdrew these three charges in Cooma Local Court. 

He will fight the remaining charge in a NSW Supreme Court trial.

He remains suspended from duty with pay.

NSW Police Minister Yasmin Catley has been contacted for comment about the settlement with the Nowland family.

NSW Attorney-General Michael Daley declined to comment on the civil settlement due to the ongoing nature of the criminal case against Mr White.

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