Colleague of officer who fatally Tasered 95-year-old says use was not justified

A police officer who witnessed her colleague fatally Taser a 95-year-old aged care resident has told a coronial inquest she felt the weapon’s use was not justified.

Senior Constable Jessica Pank’s admission followed an apology by responding paramedic Anna Hofner to great-grandmother Clare Nowland’s family.

“I’m really sorry for everything that happened that day,” Hofner said to the dozen family members of Clare Nowland, who died at the hands of then-senior constable Kristian James Samuel White three years ago.

Hofner was the first to testify at a three-day inquest before Coroner Teresa O’Sullivan over Nowland’s May 2023 death at Yallambee Lodge in Cooma, which began on Wednesday.

“I’m really sorry for everything that you’ve been through since. Mrs Nowland was obviously a very well involved and well-respected member of the community, and I’m very sorry for her loss.”

The inquest is probing the care of dementia patients and Nowland’s treatment before her death, with counsel assisting the coroner highlighting a lack of training for police and paramedics.

Nowland was holding a knife and using a walking frame when White drew his weapon, pointed it at her for a minute and said “nah, bugger it” before discharging it at her chest. Nowland, who weighed 48kg and had dementia, fell and hit her head. She died in hospital a week later.

White was found guilty of manslaughter and sentenced to a two-year good behaviour bond.

Pank, who attended the scene with White, testified that while drawing a Taser is “usual practice” when a knife is involved, she was surprised he fired.

Though initially concerned Nowland might self-harm, Pank felt she herself was safe and believed there was time to “have a discussion” had White signalled his intent.

When asked by Counsel Assisting Sophie Callan, SC, if the deployment was justified, Pank replied: “No.”

In her opening address, Callan noted NSW ambulance graduates received only 15 to 30 minutes of specialised dementia training as of 2023, and NSW Police lacked specific training for dealing with people who have the condition.

She said the inquest could help O’Sullivan make “meaningful recommendations that may lead to a different outcome and ultimately save lives”.

Many members of Nowland’s large family attended the inquest either physically or virtually.

Callan said the tragedy “rocked a family, a local community and the broader NSW community to its core”, and that it was “not possible … to do justice to the extraordinary contribution that Mrs Nowland made throughout her full life”.

The inquest, Callan said, would not determine “guilt or innocence or liability” or “further critique the conduct of those involved”. The cause of Nowland’s death was not in dispute.

It would, however examine why police were called to the lodge, the emergency response to “dementia-related behaviour”, and alternatives to Taser use. It would also look at use-of-force procedures and training for “dementia-related aggression”.

Callan said evidence shows NSW Police do not have specific training for dealing with dementia, while acknowledging general mental health training references the condition.

Meanwhile, NSW Ambulance does not offer “substantive training” about dementia as a standalone condition, except for some specialist training.

Data showed that as at 2023, NSW Ambulance graduates received “approximately 15 to 30 minutes of training in respect of dementia, focused on the differentiation between dementia, delirium and depression”, Callan said.

She noted both agencies had made changes since Nowland’s death, including mandatory training for paramedics which “involved a dementia patient in a nursing home wielding a spatula”.

However, experts would explore the sufficiency of this training and opportunities for improvement, given Australia’s ageing population.

“It is anticipated the number of people living with dementia in Australia will more than double in the next 20 years,” Callan said.

“This will place increased demand upon our aged care sector, as well as first responders in dealing with those living with dementia.”

Callan asked Hofner if her interactions with Nowland were based on “any dementia training or any particular training program”.

Hofner responded, “no, I think most of that was just experience”.

The paramedic of almost 20 years felt the use of the Taser was excessive, but stayed silent as she struggled to process what was unfolding and did not expect White to fire.

She said responders could have paused and discussed the right steps, given Nowland’s mobility issues.

Asked if she felt advocating for a patient in this situation should be a focus of training, Hofner agreed it should be.

She said there had since been “significant focus of training around these types of incidents”, including defusing situations with police and the use of force or sedation.

Pank was asked if the mental health training she completed before the incident informed her approach.

“Yes … you learn a lot about communication. So I think that’s the part that helps,” she told the inquest.

Taken to her view that Nowland “didn’t understand what was going on”, she was asked if her mental health training helped guide her.

“No, not that I can recall,” Pank said.

Pressing further, Callan asked if she’d since done other relevant training.

“We’ve done more mental health training, but not anything that I can think would have helped in that specific situation,” Pank responded.

The inquest is expected to last until Wednesday and include more police and ambulance representatives as well as experts in dementia training and advocacy groups.

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