The police officer charged with tasering a 95-year-old great-grandmother while she was holding a walking frame will keep his freedom as he awaits further proceedings.
Senior Constable Kristian White, 33, is accusing of deploying his weapon at Clare Nowland inside her nursing home at Cooma, in southeast NSW, on May 17.
She was hospitalised in a critical condition after falling and fracturing her skull, and died in hospital one week later.
No bail conditions were imposed on Senior Constable White when he was first charged with recklessly causing grievous bodily harm, assault occasioning actual bodily harm and common assault.
He has been living freely in the community ever since and remains suspended from active duty with full pay.
As Constable White faced the NSW Supreme Court via audiovisual link on Tuesday, the Director of Public Prosecutions (DPP) made a detention application for three bail conditions to be imposed — but none impeded on his freedom.
Justice Robert Beech-Jones accepted those conditions, which were to be of good behaviour, appear at court as directed and not go near or contact the family of the complainant or any prosecution witness except through a legal representative.
Constable White’s lawyer Mr Gow did not oppose the conditions.
Ms Nowland, who had eight children, 24 grandchildren and 30 great-grandchildren, had lived at the Yallambee Lodge aged care facility for five years when the incident occurred.
At the time, police said they had been called to the aged care home to find Ms Nowland holding a serrated steak knife.
They alleged the 43kg woman was and approaching them slowly with a walking frame and refusing their requests to drop the knife before the taser was discharged.
It is alleged a female police officer offered to take the taser from Ms Nowland before Constable White responded with the words “bugger it” and charged his Taser into the great-grandmother’s chest.
During a July 5 court appearance at Cooma Local Court, Magistrate Roger Clisdell threw out the DPP’s first detention application for bail conditions on Constable White due to anger at allowing him to appear vio audiovisual link without first informing him.
Chastising the prosecutor, Magistrate Clisdell said money had been spent on extra security in preparation for Constable White appearing in person.
“Who runs the court?” Magistrate Clisdell asked.
“Dumbo sitting on the bench here has to suck it up … I am not happy.”
Separately to the criminal proceedings, Ms Nowland’s family is suing the NSW government over the alleged behaviour of police.
The civil motion is understood to have been filed before Ms Nowland’s death.
Constable White is yet to enter pleas on the criminal charges.