The police officer charged with tasering a 95-year-old great-grandmother while she was holding a walking frame will keep his freedom over allegations a judge described as “undoubtedly serious”.
Senior Constable Kristian White, 33, is accused of deploying his weapon at Clare Nowland inside her nursing home at Cooma, in southeast NSW, on May 17.
She was hospitalised in a critical condition after falling and fracturing her skull, and died in hospital one week later.
No bail conditions were imposed on Senior Constable White when he was first charged with recklessly causing grievous bodily harm, assault occasioning actual bodily harm and common assault.
He has been living freely in the community ever since and remains suspended from active duty with full pay.
As Constable White faced the NSW Supreme Court via audiovisual link on Tuesday, the Director of Public Prosecutions (DPP) made a detention application for three bail conditions to be imposed — but none impeded greatly on his freedom.
Justice Robert Beech-Jones accepted those conditions, which were to be of good behaviour, appear at court as directed and not go near or contact the family of the complainant or any prosecution witness except through a legal representative.
“The facts placed before the court do show an alleged offence that is undoubtedly serious and to that extent one can say any person facing a serious charge has an incentive not to appear,” Judge Beech-Jones said.
“That said, I would not classify that risk as sufficiently severe”.
Constable White’s lawyer did not oppose the conditions.
Justice Robert Beech-Jones said he had required Constable White to appear in person when he had first become aware of the detention application, but upon realising the application was only seeking bail conditions and not detainment, he allowed him to appear via AVL.
Ms Nowland, who had eight children, 24 grandchildren and 30 great-grandchildren, had lived at the Yallambee Lodge aged care facility for five years when the incident occurred.
At the time, police said they had been called to the aged care home to find Ms Nowland holding a serrated steak knife.
They alleged the 43kg woman was approaching them slowly with a walking frame and refusing their requests to drop the knife before the taser was discharged.
It is alleged a female police officer offered to take the knife from Ms Nowland before Constable White responded with the words “bugger it” and charged his Taser into the great-grandmother’s chest.
During a July 5 court appearance at Cooma Local Court, Magistrate Roger Clisdell threw out the DPP’s first detention application for bail conditions on Constable White, expressing anger at allowing him to appear vio audiovisual link (AVL) without first informing him.
Chastising the prosecutor, Magistrate Clisdell said money had been spent on extra security to prepare for Constable White appearing in person.
“Who runs the court?” Magistrate Clisdell asked.
“Dumbo sitting on the bench here has to suck it up … I am not happy.”
Separately to the criminal proceedings, Ms Nowland’s family is suing the NSW government over the alleged behaviour of police.
The civil motion is understood to have been filed before Ms Nowland’s death.
Constable White is yet to enter pleas on the criminal charges.