1 00:00:05,400 --> 00:00:08,280 Speaker 1: From the Australian. Here's what's on the front. I'm Claire Harvey. 2 00:00:08,320 --> 00:00:13,880 Speaker 1: It's Thursday, November twenty eight. Chris Bowen says more renewables 3 00:00:13,880 --> 00:00:17,400 Speaker 1: means a more secure energy supply in his annual Update 4 00:00:17,440 --> 00:00:21,000 Speaker 1: to Parliament. The Climate Change Minister will also say unreliable 5 00:00:21,120 --> 00:00:24,599 Speaker 1: coal fired power stations are to blame for energy shortages 6 00:00:24,640 --> 00:00:29,200 Speaker 1: and blackouts. The Reserve Bank is unlikely to budge on 7 00:00:29,320 --> 00:00:32,360 Speaker 1: interest rates even though inflation is hovering at its lowest 8 00:00:32,440 --> 00:00:36,440 Speaker 1: level in more than three years. To read all our 9 00:00:36,520 --> 00:00:44,120 Speaker 1: experts analysis of that, go to the Australian dot com 10 00:00:40,479 --> 00:00:46,920 Speaker 1: dot U. Police officer Christian White is facing a jail 11 00:00:47,000 --> 00:00:49,760 Speaker 1: sentence after a new South Wales jury found him guilty 12 00:00:50,040 --> 00:00:53,040 Speaker 1: of the manslaughter of ninety five year old great grandmother 13 00:00:53,120 --> 00:00:57,800 Speaker 1: Claire Nowland. White tasered the elderly lady inside her nursing 14 00:00:57,800 --> 00:01:01,720 Speaker 1: home as she clutched a steak knife and a walking frame. 15 00:01:02,160 --> 00:01:05,720 Speaker 1: Today what the judge must weigh when deciding whether to 16 00:01:05,800 --> 00:01:16,440 Speaker 1: send him to prison. That's today's story. 17 00:01:17,160 --> 00:01:21,000 Speaker 2: Guilty, so says your foreman, So say you all. 18 00:01:22,160 --> 00:01:24,800 Speaker 1: This was the moment police officer Christian White was found 19 00:01:24,880 --> 00:01:27,880 Speaker 1: guilty of the manslaughter of ninety five year old nursing 20 00:01:27,880 --> 00:01:31,000 Speaker 1: home resident Claire Nowland in the New South Wales Supreme 21 00:01:31,040 --> 00:01:34,360 Speaker 1: Court in Sydney. We've used voice actors to bring you 22 00:01:34,400 --> 00:01:38,280 Speaker 1: the words spoken in court, including those of the presiding Judge, 23 00:01:38,680 --> 00:01:39,959 Speaker 1: Justice Ian Harrison. 24 00:01:41,400 --> 00:01:44,800 Speaker 3: Thank you members of the jury that completes your task 25 00:01:44,920 --> 00:01:47,800 Speaker 3: in this court. I thank you on behalf of the court. 26 00:01:48,520 --> 00:01:52,200 Speaker 3: You may now return to the jury room. 27 00:01:52,400 --> 00:01:54,280 Speaker 2: Oh, it was incredibly shocking news. 28 00:01:54,400 --> 00:01:59,360 Speaker 1: Claire. Ellie Dudley is The Australian's Legal affairs correspondent and. 29 00:01:59,360 --> 00:02:01,760 Speaker 2: I think that was one of the most striking things 30 00:02:01,760 --> 00:02:03,800 Speaker 2: when we saw that footage, when we heard the story. 31 00:02:04,560 --> 00:02:07,920 Speaker 2: Is the idea that someone couldn't disarm her, or a 32 00:02:07,960 --> 00:02:11,680 Speaker 2: working police officer couldn't deal with this situation in any 33 00:02:11,720 --> 00:02:13,200 Speaker 2: other way than by tasering her. 34 00:02:13,400 --> 00:02:19,520 Speaker 1: Something just didn't quite stack up. Four generations of Claire 35 00:02:19,520 --> 00:02:23,080 Speaker 1: Nolan's family gathered at the Deacon Oval to witness her feet. 36 00:02:24,200 --> 00:02:28,079 Speaker 1: Clare alland marked her eightieth birthday by jumping out of 37 00:02:28,160 --> 00:02:31,440 Speaker 1: a plane. Claire received a give certificate for the jump 38 00:02:31,520 --> 00:02:35,080 Speaker 1: for her birthday in February and today was the big day. 39 00:02:35,520 --> 00:02:38,240 Speaker 1: We both feet back on the ground. The Great grandmother 40 00:02:38,360 --> 00:02:40,040 Speaker 1: couldn't have been more thrilled. 41 00:02:40,880 --> 00:02:42,960 Speaker 4: Oh fantastic, Tommy. 42 00:02:43,000 --> 00:02:43,960 Speaker 2: I've always wanted to. 43 00:02:43,919 --> 00:02:47,040 Speaker 4: Do and I've done that thanks to all your kids. 44 00:02:48,200 --> 00:02:51,640 Speaker 1: Fast forward fifteen years and Clare Alland had moved to 45 00:02:51,720 --> 00:02:54,920 Speaker 1: a nursing home in her hometown of Cooma in New 46 00:02:54,960 --> 00:03:00,480 Speaker 1: South Wales. She was suffering dementia. It was at ya 47 00:03:00,520 --> 00:03:03,680 Speaker 1: Lambe Lodge in the early hours of May seventeen, twenty 48 00:03:03,760 --> 00:03:07,040 Speaker 1: twenty three, that her life came to an end. 49 00:03:08,400 --> 00:03:11,520 Speaker 3: The ninety five year old grandmother allegedly tasered by a 50 00:03:11,560 --> 00:03:15,160 Speaker 3: New South Wales police officer last week, has died, prompting 51 00:03:15,200 --> 00:03:16,400 Speaker 3: tributes from her family. 52 00:03:17,360 --> 00:03:21,399 Speaker 1: Nursing home staff called police because Claire Alland had acquired 53 00:03:21,480 --> 00:03:25,200 Speaker 1: a stake knife from the facility's kitchen and they weren't 54 00:03:25,240 --> 00:03:28,919 Speaker 1: able to take it from her. Police officer Christian White 55 00:03:29,040 --> 00:03:32,639 Speaker 1: claimed he issued a number of warnings to Claire as 56 00:03:32,680 --> 00:03:36,360 Speaker 1: she approached him with both hands on her walking frame. 57 00:03:37,040 --> 00:03:39,720 Speaker 1: A voice actor is reading the words allegedly spoken by 58 00:03:39,800 --> 00:03:41,680 Speaker 1: Christian White during the confrontation. 59 00:03:42,920 --> 00:03:45,000 Speaker 5: You could coming. You're going to get tased. 60 00:03:46,000 --> 00:03:52,120 Speaker 1: The prosecution alleged White then said bugger and discharged his taser. 61 00:03:52,880 --> 00:03:56,040 Speaker 1: Claire Awland fell backwards and hit her head on the floor. 62 00:03:56,920 --> 00:04:00,680 Speaker 1: She weighed just forty seven kilograms the time of her 63 00:04:00,680 --> 00:04:06,400 Speaker 1: death got her missus Nowland succumbed to injuries in hospital 64 00:04:06,440 --> 00:04:09,000 Speaker 1: a week later, at which point the thirty four year 65 00:04:09,040 --> 00:04:12,840 Speaker 1: old Comfortable was charged with recklessly causing River's bodily harm, 66 00:04:13,040 --> 00:04:17,960 Speaker 1: assault occasioning actual bodily harm and common assault. Those charges 67 00:04:18,000 --> 00:04:23,720 Speaker 1: were upgraded to manslaughter in December. Now, this is something 68 00:04:23,920 --> 00:04:27,800 Speaker 1: that is always difficult and controversial when a police officer 69 00:04:28,200 --> 00:04:32,000 Speaker 1: deploys deadly force. Another police officer in New South Wales 70 00:04:32,200 --> 00:04:34,479 Speaker 1: was hailed as a hero this year during the Bondi 71 00:04:34,600 --> 00:04:38,520 Speaker 1: Junction massacre for taking down an assailant. It really showed 72 00:04:38,560 --> 00:04:42,120 Speaker 1: that the stark contrast between the way two different officers 73 00:04:42,200 --> 00:04:44,039 Speaker 1: handled two different offenders, doesn't it. 74 00:04:44,279 --> 00:04:47,040 Speaker 2: Yeah, absolutely, And I think with the Bondai Junction massacre, 75 00:04:47,279 --> 00:04:50,440 Speaker 2: the offender there was going on a stabbing rampage through 76 00:04:50,560 --> 00:04:54,120 Speaker 2: a shopping center. In this situation, you've got this incredibly 77 00:04:54,200 --> 00:04:58,480 Speaker 2: vulnerable elderly lady who's shuffling her way through a nursing home. 78 00:04:58,880 --> 00:05:02,080 Speaker 2: Watching that CCTV footage of right is so striking because 79 00:05:02,120 --> 00:05:05,440 Speaker 2: she does not seem capable of harming anybody, and so 80 00:05:05,839 --> 00:05:07,960 Speaker 2: this idea that the taser was the only way that 81 00:05:08,000 --> 00:05:10,280 Speaker 2: she could be disarmed is quite unbelievable. 82 00:05:14,200 --> 00:05:16,280 Speaker 1: White faced a two week trial in the New South 83 00:05:16,320 --> 00:05:20,000 Speaker 1: Wales Supreme Court and pleaded not guilty to the manslaughter charge. 84 00:05:20,520 --> 00:05:24,120 Speaker 1: Crown Prosecutor Brett Hatfield their Sea argued White breached his 85 00:05:24,240 --> 00:05:27,560 Speaker 1: duty of care to clan Eland and caused her death 86 00:05:27,600 --> 00:05:32,159 Speaker 1: either due to dangerous behavior or negligence, but the barrister 87 00:05:32,279 --> 00:05:37,360 Speaker 1: representing White at trial, Troy Edwards, sc said the Constable 88 00:05:37,480 --> 00:05:41,080 Speaker 1: was justified in discharging his taser because of the immediate 89 00:05:41,120 --> 00:05:44,839 Speaker 1: threat to his safety and the safety of others. White 90 00:05:44,839 --> 00:05:47,240 Speaker 1: gave evidence in his own defense, saying he believed the 91 00:05:47,279 --> 00:05:50,480 Speaker 1: situation would only be resolved through the use of force. 92 00:05:51,279 --> 00:05:53,600 Speaker 1: We've used a voice actor to bring you his words. 93 00:05:54,680 --> 00:05:56,560 Speaker 5: I understood it was going to cause her some sort 94 00:05:56,600 --> 00:05:58,800 Speaker 5: of injury and pain, but I felt that the risk 95 00:05:58,839 --> 00:06:01,320 Speaker 5: it elevated to the point where it needed a resolution. 96 00:06:01,960 --> 00:06:04,040 Speaker 5: It's not our job to shy away from those types 97 00:06:04,080 --> 00:06:06,840 Speaker 5: of incidents. I never intended for her to be injured 98 00:06:06,839 --> 00:06:07,600 Speaker 5: by it at all. 99 00:06:09,240 --> 00:06:13,040 Speaker 1: Many of missusn Allan's eight children twenty four grandchildren and 100 00:06:13,200 --> 00:06:16,839 Speaker 1: thirty great grandchildren sat in the public gallery for the 101 00:06:16,920 --> 00:06:18,680 Speaker 1: duration of the proceedings. 102 00:06:19,240 --> 00:06:21,640 Speaker 2: It's one of the most frustrating parts about this job 103 00:06:21,680 --> 00:06:24,040 Speaker 2: sometimes is not not being able to hear why a 104 00:06:24,120 --> 00:06:27,279 Speaker 2: jury makes the decision. The word that really sticks out 105 00:06:27,320 --> 00:06:30,760 Speaker 2: to me there is immediate, the immediate threat. There was 106 00:06:30,800 --> 00:06:34,160 Speaker 2: nothing immediate about this lady. She wasn't moving quickly, she 107 00:06:34,160 --> 00:06:36,920 Speaker 2: didn't seem like she was going to make any abrupt movements. 108 00:06:37,040 --> 00:06:39,880 Speaker 2: She was clearly able to be outrun. And so I 109 00:06:39,920 --> 00:06:42,560 Speaker 2: think I understand. While we don't know the exact reason 110 00:06:42,560 --> 00:06:45,080 Speaker 2: why the jury made their decision, I would have to 111 00:06:45,120 --> 00:06:47,040 Speaker 2: assume that it has something to do with the fact 112 00:06:47,160 --> 00:06:49,680 Speaker 2: that this woman was not an immediate threat to this 113 00:06:49,720 --> 00:06:52,560 Speaker 2: police officer because there were so many other opportunities for 114 00:06:52,640 --> 00:06:55,120 Speaker 2: him to take care of the situation other than deploying 115 00:06:55,120 --> 00:06:56,040 Speaker 2: his taser. 116 00:06:57,880 --> 00:07:01,600 Speaker 1: Coming up, What do you do with a guilty police officer. 117 00:07:18,520 --> 00:07:22,080 Speaker 3: So that there's no secret about it. I will not 118 00:07:22,320 --> 00:07:26,120 Speaker 3: commit a policeman to custody until I understand the conditions 119 00:07:26,200 --> 00:07:28,640 Speaker 3: under which he will be held. If he is to 120 00:07:28,680 --> 00:07:29,520 Speaker 3: be held. 121 00:07:30,200 --> 00:07:32,840 Speaker 1: Justice N. Harrison put on a rare display of frustration 122 00:07:32,960 --> 00:07:35,760 Speaker 1: in the New South Wales Supreme Court on Wednesday. His 123 00:07:35,880 --> 00:07:39,240 Speaker 1: words were read by a voice actor. The distinguished Judge's 124 00:07:39,320 --> 00:07:41,920 Speaker 1: name will be familiar to listeners of The Front and 125 00:07:41,960 --> 00:07:45,720 Speaker 1: the Australians podcast series The Teacher's Pet. It was Justice 126 00:07:45,840 --> 00:07:48,559 Speaker 1: and Harrison who presided over the twenty twenty two murder 127 00:07:48,600 --> 00:07:52,840 Speaker 1: trial of rugby league star Christopher Michael Dawson. There was 128 00:07:52,880 --> 00:07:55,400 Speaker 1: no jury in that trial due to the immense media 129 00:07:55,520 --> 00:08:00,000 Speaker 1: interest generated by our podcast. Investigated by national Chief Corspar 130 00:08:00,400 --> 00:08:04,200 Speaker 1: Hedley Thomas, Justice Harrison found Chris Dawson guilty of the 131 00:08:04,280 --> 00:08:07,320 Speaker 1: nineteen eighty two murder of his wife, Lynnette Simms. 132 00:08:08,560 --> 00:08:11,080 Speaker 4: Christopher Michael Dawson on the charge that on are about 133 00:08:11,120 --> 00:08:15,120 Speaker 4: eight January nineteen eighty two, at playview or elsewhere in 134 00:08:15,160 --> 00:08:18,840 Speaker 4: the state of New South Wales, you did murder Lynette Dawson. 135 00:08:19,480 --> 00:08:21,560 Speaker 4: I find you guilty the message there. 136 00:08:22,400 --> 00:08:25,000 Speaker 1: Dawson is serving a twenty four year sentence for the 137 00:08:25,040 --> 00:08:33,760 Speaker 1: crime after unsuccessfully appealing his conviction. Sometimes when defendants are 138 00:08:33,760 --> 00:08:37,000 Speaker 1: found guilty of a crime like manslaughter, they're taken straight 139 00:08:37,160 --> 00:08:40,280 Speaker 1: into custody. Here's how it happened with Chris Dawson. 140 00:08:41,400 --> 00:08:44,480 Speaker 4: Mister will be necessary to be taken into custody. 141 00:08:45,559 --> 00:08:48,080 Speaker 1: But because Christian White is a police officer, there are 142 00:08:48,120 --> 00:08:52,559 Speaker 1: extra considerations. That's a fact Justice Harrison acknowledged after the 143 00:08:52,640 --> 00:08:54,360 Speaker 1: jury's verdict was handed down. 144 00:08:55,000 --> 00:08:57,640 Speaker 3: I'm not going to be too specific about it, but 145 00:08:57,760 --> 00:08:59,720 Speaker 3: this is not a usual situation. 146 00:09:00,440 --> 00:09:04,480 Speaker 1: White's barrister, Troy Edwards sc made an application regarding if 147 00:09:04,800 --> 00:09:08,200 Speaker 1: and how White might be detained to protect his personal 148 00:09:08,240 --> 00:09:12,400 Speaker 1: safety until he's formally sentenced. He's Ellie Dudley. 149 00:09:13,000 --> 00:09:15,800 Speaker 2: Putting a police officer in jail would be putting them 150 00:09:15,800 --> 00:09:19,559 Speaker 2: in a terrible situation, more terrible than any other regular civilian, 151 00:09:19,679 --> 00:09:24,320 Speaker 2: because police officers are obviously so hated by criminals. I 152 00:09:24,400 --> 00:09:26,640 Speaker 2: was having a chat with a criminal barrister earlier today 153 00:09:27,080 --> 00:09:29,160 Speaker 2: and he was saying, well, we know that the maximum 154 00:09:29,160 --> 00:09:31,840 Speaker 2: sentence that Christian White could serve is twenty years. He 155 00:09:31,960 --> 00:09:34,680 Speaker 2: was expecting it to be much lower than that, somewhere 156 00:09:34,679 --> 00:09:37,200 Speaker 2: around the five year mark, if not lower. And he 157 00:09:37,280 --> 00:09:39,959 Speaker 2: was saying that's because it's likely the judge will take 158 00:09:40,000 --> 00:09:42,760 Speaker 2: into account circumstances that he was in He was called 159 00:09:42,760 --> 00:09:45,120 Speaker 2: out to a job, this woman was wilding a knife. 160 00:09:45,200 --> 00:09:47,640 Speaker 2: He was doing his job, and that will all be 161 00:09:47,679 --> 00:09:50,319 Speaker 2: taken into account when it comes to sentencing. But if 162 00:09:50,320 --> 00:09:52,800 Speaker 2: he does end up serving a custodial sentence, it will 163 00:09:52,800 --> 00:09:54,760 Speaker 2: be really difficult because he will likely end up in 164 00:09:54,760 --> 00:09:59,400 Speaker 2: protective custody. That's with incredibly dangerous criminals and other cops 165 00:09:59,440 --> 00:10:01,920 Speaker 2: as well. With we will make serving that sentence incredibly hard. 166 00:10:04,120 --> 00:10:09,360 Speaker 1: Ellie Dudley is The Australian's Legal affairs correspondent. You can 167 00:10:09,440 --> 00:10:13,760 Speaker 1: read all her outstanding reporting anytime at the Australian dot 168 00:10:13,800 --> 00:10:14,640 Speaker 1: com dot au