According to the NSW Police Force’s handbook on Taser use, the device should not be used on elderly or disabled people “unless exceptional circumstances exist”.
The handbook describes exceptional circumstances as those “that would cause a reasonable person to believe that prompt and unusual action is necessary to prevent actual bodily harm to self or others”.
If a Taser is discharged under “exceptional circumstances”, these must be outlined in the officer’s report of the incident, which will be reviewed as part of the police investigation into the officer’s actions.
The homicide squad have been brought in to assist in the probe and what has been described as “confronting” bodycam footage of the incident will be reviewed. The officer who discharged the Taser has been stood down from duties while the investigation is underway.
On Friday, NSW Police Assistant Commissioner Peter Cotter Peter Cotter stressed the investigation into the incident was being taken seriously, but declined on multiple occasions to answer questions over whether the senior officer who discharged the Taser would face charges over the incident.
“What I can say is that this is a very alive and serious investigation of which the homicide squad is investigating,” he said.
He described bodycam footage of the incident as “confronting” but said it was not in the public interest to share that video.
Nicole Lee, president of the advocacy group People with Disability Australia, said she was shocked by the police response.
“She’s either one hell of an agile, fit, fast and intimidating 95-year-old woman, or there’s a very poor lack of judgement on those police officers and there really needs to be some accountability on their side,” Lee said.
Family spokesperson Andrew Thaler said Nowland’s dementia “waxes and wanes.”
“The question will be, how was it appropriate to use this level of force on a 95-year-old woman?” Thaler was quoted as saying by the Sydney Morning Herald.
NSW Police Commissioner Karen Webb said in a statement on Friday the matter was being treated with the “utmost seriousness”.
“My thoughts are with the family at this difficult time. I understand and share the community concerns and assure you that we are treating this matter with the utmost seriousness,” she said.
The aged care centre is operated by Snowy Monaro Regional Council, which confirmed the incident on Wednesday.
“Council are supporting our staff, residents, and families during this difficult time,” a council spokesman said.
“No further comment is available at the current time due to the ongoing investigation and out of respect for the privacy of those involved.”
Yallambee Lodge has been operating since 1995 and contains 38 permanent beds and two respite beds.
“The hostel includes beautiful gardens and open shared spaces for activities and socialising,” the council website says about the facility.
Nowland, a great-grandmother, made headlines in 2008 when she went skydiving to celebrate her 80th birthday.
- with AP
