A NSW Police senior constable has been deemed a flight risk and ordered not to leave the country as he appeared in court for the first time since charges against him were upgraded to manslaughter over the death of 95-year-old Clare Nowland.
Key points:
- Senior Constable Kristian White appeared before Cooma Local Court charged with manslaughter
- 95-year-old great-grandmother Clare Nowland was allegedly tasered in her Cooma nursing home in May and died in hospital a week later
- The court ordered Senior Constable White hand over his passport and not leave the country
The great-grandmother was allegedly tasered by Kristian James Samuel White, 33, at the Yallambee Lodge aged care facility in Cooma on May 17.
Police allege Mrs Nowland was using a walker and was holding a serrated steak knife at the time of the tasering before falling and fracturing her skull.
She died a week later in Cooma Hospital after suffering an inoperable bleed on the brain.
Senior Constable White appeared in person for the first time at Cooma Local Court on Wednesday since the charge against him was upgraded last month following advice from the Office of the Director of Public Prosecutions (DPP).
Cooma Local Court Magistrate Roger Clisdell continued Senior Constable White's bail but ordered he surrender his passport and not leave the country due to the upgraded charge.
Magistrate Clisdell criticised both the Crown prosecution and Senior Constable White's defence lawyer for negotiating the new terms of bail without his input.
"It's good to know I'm treated with a tiny bit of respect," he told the court.
"You think my last explosion would make the DPP a bit more sensitive to my position."
In May, Magistrate Clisdell vented his anger at prosecutors for failing to tell him they had agreed to allow the officer to appear in court via video link, without the court's consent.
On Wednesday, Crown prosecutor Victoria Garrity told the court "there is a heightened risk" that Senior Constable White won't appear in court.
"The manslaughter charge is now before the court [and] it's a very serious charge," she said.
"Accused people facing more serious matters do sometimes leave the jurisdiction."
Senior Constable White's lawyer Warwick Anderson, who appeared via video link, agreed with the varied bail conditions, but told the court his client has no intention of leaving the country.
Senior Constable White was initially charged with recklessly causing grievous bodily harm, assault occasioning actual bodily harm and common assault over the alleged incident.
Ms Nowland's family members released an official statement via their lawyer Sam Tierney after Wednesday's proceedings.
"The Nowland family were present at court today when the NSW DPP advised the court that NSW Police have now laid a charge of manslaughter/unlawful killing against Mr White in relation to his tasering of Clare," the statement read.
"The family does not wish to comment further on the criminal process at this time given the extremely serious nature of the charge against Mr White, who continues to be a sworn NSW police officer."
Magistrate Clisdell adjourned the matter to Cooma Local Court on February 7 next year, and excused Senior Constable White from appearing if represented by a lawyer.
Senior Constable White remains suspended from duty with pay.