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Posted: 2024-11-11 03:40:55

He said Nowland’s large family visited her often, and her daughter had been contacted about the incident and offered to attend, but was awaiting a call back to do so.

The incident was captured on two sets of police body-worn video and CCTV, to be played to the jury.

The prosecutor anticipated the jury would hear evidence that, after the incident, when discussing the upload of body-worn vision, White allegedly told a fellow police officer: “I’ve had a look, and supposedly we aren’t meant to Tase elderly people but in the circumstance, I needed to.

“Maybe this will be my first critical incident,” White allegedly said.

Hatfield said the Crown brought its manslaughter case in two ways: that White was criminally negligent and breached his duty of care by acting in a way that involved a high risk of death or serious bodily harm; or behaved in an unlawful and dangerous way which constituted an assault and battery and exposed another to risk of serious injury.

The prosecutor said the issues at trial would include whether the force used by White exceeded that which was reasonably necessary, considering Nowland’s age, lack of mobility and frailty.

Hatfield said the jury would hear evidence of Nowland’s behaviour in the hours before she was Tasered, including opening the drawers and fridge in the kitchen, and being seen by a nurse “holding two knives in her left hand and a jug of prunes in her right hand”.

The court heard Nowland entered the rooms of three residents, and at one point attempted to throw one of the knives at a nurse, but it fell to the ground. The prosecutor said efforts to distract Nowland including offering her drinks were unsuccessful, and a triple-zero call was made at 4.08am.

In opening remarks, defence barrister Troy Edwards, SC, said White’s case was that it was his duty to protect people from injury or death and to prevent a breach of the peace, and he complied with that duty by discharging his Taser after warning Nowland to put the knife down.

Edwards said the jury would hear background evidence that in, March 2023, Nowland struck and kicked a member of the nursing staff while being escorted, and in April 2023 “tried to ram” a staff member with her walker and “used her elbow to strike one of them”.

He said Nowland was taken to hospital, where records indicate she punched and tried to bite staff, and “rammed her walker into a nurse, bringing her to tears”. Edwards said White was advised of Nowland’s recent “aggressive behavioural event” at the hospital before he arrived at the lodge.

He said White, in a police document, “filled out on the very day that this happened”, wrote: “As a violent confrontation was imminent, and to prevent injury to police, the Taser was discharged.”

Edwards argued the jury would not consider White’s use of force disproportionate to the risk.

The trial is expected to run for two to three weeks before Justice Ian Harrison.

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