A magistrate angrily expressed his “absolute disgust” at the state prosecutor after a NSW police officer was charged with tasering 95-year-old great grandmother Clare Nowland.
Kristian White, 33, appeared via audiovisual link in Cooma Local Court on Wednesday after being charged with discharging his weapon at the dementia patient at an aged care facility in Cooma, who fell backwards and sustained fatal injuries.
On Wednesday, Magistrate Roger Clisdell blasted the crown prosecutor’s decision to allow the suspended police officer to appear in court virtually.
“Who runs this court, Ms Stuart? You or me?” he asked 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 magistrate noted the court had employed several extra security personnel “at great expense” in anticipation of the highly publicised appearance.
Mr White is currently living in the community without any restrictions, but Ms Stuart asked the court to impose a condition which would compel him to appear in court in future.
However, Mr Clisdell lashed the hypocritical application following the crown’s decision to allow the senior constable to avoid attending Cooma Local Court in person.
“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 imposed bail conditions on Mr White when he was charged with the “serious” offences.
“It is probably something that should have been considered at the time but that decision was made by police,” she said.
Mr White’s lawyer Warwick Anderson opposed the request for his client to be placed on bail, telling the court it had no “meaningful efficacy”.
“There is no flight risk,” he said.
“He’s not in a position of committing further offences.”
The magistrate agreed and branded the crown application an attempt to placate anyone who might be “upset” about the officer’s lack of restrictions.
He declined to impose bail on the 33-year-old and said he would be excused from attending court on the next occasion.
The sequence of alleged events on May 17 was heavily redacted when it was tendered to the court, “likely for public interest and safety reasons”.
Mr White and a female colleague were called to Yallambee Lodge aged care home in Cooma about 4.15am on May 17 after staff found Mrs Nowland holding a steak knife.
Police allege the mother-of-eight was using her walking frame to slowly approach 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”.
But Mr White allegedly replied “bugger it”, and discharged his weapon into the chest of the 43kg woman.
The grandmother-of-24 fell backwards and hit her head, fracturing her skull. She died in Cooma Hospital a week later surrounded by her loved ones.
The footage of the tragic incident captured on a body worn camera has been described as “confronting”.
Mr White has been charged with recklessly causing grievous bodily harm, assault occasioning actual bodily harm, and common assault.
Mr Clisdell referred to “serious” threats made towards witnesses in the case, which the court was told was very much “in the public eye”.
Mr White maintained a blank face as he listened to the Magistrate’s tirade from an undisclosed location.
The matter will return to court in September and it will be managed by the DPP.
One of Mrs Nowland’s granddaughters watched the proceedings in court and left quickly in a distressed state.
Kiama local Marie Twist left court wearing a sign that declared: “Hope your grandma’s proud of you, coward”.
She said she had travelled all the way from the NSW South Coast because the case had strongly affected her.
“It’s not something that should happen to anyone,” she said.
“It’s just not fair.”
Mr White has been suspended from the police force with full pay as enquiries continue.
NSW Police Commissioner Karen Webb previously said it was “possible” the charges could be upgraded after a further investigation into the circumstances surrounding Mrs Nowland’s death.
While NSW Police has faced international criticism over the fatal incident, the aged care home Yallambee Lodge has also come under fire for its handling of the dementia patient.
The facility, which is run by the Snowy Monaro Regional Council, confirmed in May that it is conducting its own investigation into the circumstances surrounding the death of the 95-year-old.
“Council and Yallambee Lodge take their obligations to the community and to their residents extremely seriously and aim to provide the best care possible,” a statement read.
In an earlier statement, the council said the community was “extremely saddened” by Mrs Nowland’s death.
“Clare was a selfless and committed member of the Snowy Monaro community and her loss will be felt across the region, just as her long life touched so many of us,” it read.
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