Former senior constable Kristian James Samuel White will seek a review of the decision to dismiss him from the police force by apparently claiming it was “harsh, unreasonable or unjust”.
The 34-year-old fought a charge of manslaughter laid over the death of Clare Nowland at a NSW Supreme Court trial that ended with a guilty verdict in November 2024.
He had been suspended from duty with pay in late May 2023, several days after he tasered the 95-year-old great-grandmother. After the guilty verdict, he was suspended without pay.
Then, earlier this month, he was dismissed from NSW Police.
“Today, I have determined that I do not have confidence in the officer’s suitability to continue as a police officer, in line with the procedure mandated under the Police Act 1990 section 181D,” Commissioner Karen Webb said at the time.
This week, it was revealed that White launched a review of this decision.
“NSW Police have been advised a former officer who was attached to Monaro PD has filed in the Industrial Relations Commission of New South Wales an application for review under s 181E of the Police Act 1990,” a police spokesperson said on Monday (16 December).
“Given the matter is before the IRC, no further comment can be made.”
By examining the relevant legislation, it appears White’s application is to seek a review of the commissioner’s decision to remove him from the police force.
This legislation says he is allowed to apply to the IRC for a review of this order “on the ground that the removal is harsh, unreasonable or unjust”.
Unless certain regulations apply, the commissioner must give him all of the material that she relied on when deciding she no longer had confidence in his suitability to continue as a police officer.
The review is listed for a private conciliation conference on Thursday (19 December).
On 17 May 2023, Ms Nowland was holding a steak knife in a small room at Yallambee Lodge in Cooma, NSW, while she used her mobility frame to slowly walk towards police officers, paramedics and staff standing in the corridor outside the room.
She did not drop the knife or stop moving when the officers repeatedly told her to. White then tasered her.
The great-grandmother fell over, hit her head on the ground and died from her injuries seven days later.
In November 2024, a judge refused to send White to jail ahead of his sentencing.
He remains on bail ahead of his sentencing hearing, which is scheduled for 7 February 2025.
Original Article published by Albert McKnight on Riotact.