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27 November 2024

Officer Found Guilty After Taser Death Of 95-Year-Old Woman

Kristian White’s conviction sparks debate on police use of force protocols

A Sydney jury has convicted police officer Kristian James Samuel White of manslaughter following the tragic death of 95-year-old Clare Nowland, a nursing home resident. This case has ignited intense discussions around the protocols governing police use of force and the appropriateness of Tasers when confronting vulnerable individuals.

The conviction, handed down on November 27, came after deliberations lasting 20 hours. White, 34, had previously reported for duty off duty at Yallambee Lodge on May 17, 2023, where he encountered Nowland, who was reportedly troubling other residents with a steak knife. The frail elderly woman, who suffered from dementia and walked with the aid of a frame, was seen as posing a threat due to her possession of the knife.

CCTV footage presented during trial proceedings documented the moments leading to Nowland’s encounter with the police. White and other responders seemed calm as they navigated the nursing home before confronting Nowland. Video from body cameras showed repeated attempts by officers to persuade her to drop the knife. Within three minutes, White deployed his Taser after stating, "You’re going to get tased. Stop." Unfortunately, this action resulted in Nowland falling and suffering severe injuries.

She succumbed to her injuries about one week later due to bleeding on the brain. While White claimed during the trial he believed his actions were justified and consistent with police training, arguments put forth by the prosecution highlighted the unnecessary use of force against someone who posed minimal threat. White's defense rested on the assertion of reasonable force, based on his perception of the situation.

Nowland’s case raised broader questions about police training when dealing with individuals suffering from age-related ailments and mental health challenges. Prosecutor Brett Hatfield SC argued there was significant negligence on White's part, expressing how it was illogical to perceive Nowland, weighing just around 48 kg (105 lbs), as dangerous enough to warrant such extreme measures.

During the trial, testimonies were gathered from various professionals, including geriatrician Prof. Susan Kurrle, who noted how Nowland’s medical records indicated advanced dementia, affecting her ability to comprehend or comply with commands issued by the officers. Similarly, nurse Rosaline Baker recounted her initial efforts to convince Nowland to relinquish the knife, emphasizing she did not feel the police faced imminent danger.

Despite this, White escalated the situation. He stated, 'At the police academy we are taught 'any person with a knife is a danger', but added he never anticipated his actions would lead to serious injury or death.

Nowland belonged to a close-knit family, leaving behind eight children, 24 grandchildren, and 31 great-grandchildren, who have all championed her memory, actively attending court throughout the trial. They have expressed the need for systemic change within policing practices, particularly concerning interactions with vulnerable populations.

Following the verdict, New South Wales Police Commissioner Karen Webb issued condolences to Nowland’s family, acknowledging the tragedy. Although she confirmed White's employment status was under review, reports indicated he had been on paid suspension since the incident occurred.

Notably, the incident has spotlighted broader calls for police reform, particularly the use of Tasers against elderly or mentally challenged individuals. NSW Greens justice spokesperson Sue Higginson commented on how the outcome signifies serious flaws concerning police perception of the use of force.

The verdict was hailed by legal experts as evidence of accountability, reminding officers across jurisdictions of their responsibilities and the weight of their actions when dealing with civilians, especially those unable to defend themselves verbally or physically. It represented not just closure for the Nowland family but also stands as pivotal moment illustrating the need for serious reflection within law enforcement practices.

Following this unfortunate episode, there have been calls for reassessment of policies governing Taser use in sensitive situations. Police Commissioner Webb confirmed they had revisited their Taser policy and training earlier this year, but the absence of changes amid proposals for police reform has been met with skepticism.

Some advocates argue the need for comprehensive strategies and improved training focused on dealing with individuals suffering from dementia or other mental health issues. They argue we cannot afford misjudgments leading to life-altering consequences, and discussions on implementing safer methods for de-escalation need to take precedence.

White remains out on bail, awaiting sentencing, which could potentially add up to 25 years. The Nowland family’s legal representatives reiterated the need for responsibility and stricter policies to prevent such incidents from happening again, emphasizing this conviction should serve as not just accountability for White but as a clarion call for reform within the New South Wales police force.

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