Clare Nowland’s family is still reeling from the shocking death of their 95-year-old matriarch at the hands of a police officer. The officer, who is challenging his dismissal from the force, is currently free pending a judge’s decision on whether he will be sent to jail.
The former senior constable, Kristian James Samuel White, aged 35, exited the front door of the NSW Supreme Court possibly for the last time, as he remains out on bail awaiting sentencing for manslaughter.
His departure came after Nowland’s children and grandchildren delivered emotional statements to the court.
Kym Lloyd expressed the family’s ongoing sorrow over the tragic loss of her grandmother at the hands of a police officer. The situation has been further exacerbated by the need for an investigation, a forensic autopsy causing a delay in the funeral arrangements, and a lengthy court process that has garnered significant public attention.
“The public care and they want to know, they too are appalled,” she said.
White’s “gutless”, “inhumane” and “incomprehensible” actions robbed Nowland of a dignified death, and her family of a proper goodbye, they told the court.
Many said they could never forgive him, and none said they had.
White was removed from the NSW Police Force in December, but has launched legal action for a review.
Crown prosecutor Brett Hatfield SC said challenging the justification of his sacking and an unsworn letter White gave the court did not demonstrate contrition.
“He obviously does not accept that he is guilty of manslaughter,” Hatfield said.
“It seems to be … a perfunctory statement for the purpose of assisting him with his sentencing, rather than any genuine expression of remorse,” Hatfield said.
White’s barrister Troy Edwards SC said he had provided a heartfelt and truthful admission of how he felt about killing Nowland, to the court and to a forensic psychologist.
“He was in tears … he struggled with ‘the fact that I did it’,” Edwards said, quoting the psychologist’s opinion.
White made a mistake at work.
“He had an honest belief what he did was necessary to meet the threat the deceased posed, but that was an error of judgment.
“It’s not malevolence, it’s not anger, it’s not a motivation that would make the moral culpability much higher.”
Hatfield said White displayed a “very cavalier attitude” and did not properly consider deploying his Taser.
He urged the court not to spare White jail by allowing him to serve his sentence in the community.
The judge will advise a date for sentence with enough notice for family members to travel from regional NSW.
“This matter will require considerable thought,” Justice Ian Harrison said as he reserved judgment this afternoon.
“Justice can’t be rushed, and I don’t want to rush it,” he added.
