“Your Honor can imagine the heartache and sadness that the circumstances of this case have caused family members,” Tierney said.
A lawyer appearing for the state of NSW requested a two-week adjournment for discussions with “potentially interested parties”, including parties to a criminal case.
Chief Constable Kristian White was charged in May with negligently causing grievous bodily harm to Nowland and two counts of assault causing bodily harm, and his case will be heard again in court in December.
Judge Matthew Dicker said he fully understood the heightened emotions in the case and believed it would be “highly desirable” for Michael Nowland to have his sister’s support in viewing the vision, but other issues would undoubtedly need to be considered.
He granted a two-week adjournment and called on the parties to engage in constructive dialogue on the “sensitive matter”.
In July, the Supreme Court released the police allegations in the case against White and detailed the dispute with Nowland for the first time. The information was initially provided to the family before being released to the media a day later.
According to the document, police arrived at the nursing home at about 4:49 a.m. on May 17 after Nowland was seen walking around with two kitchen knives in his hand and attempting to throw one at a staff member.
Nowland moved with a walker and raised a knife to chest height as he moved “very slowly” toward a female officer.
White gave two warnings, the police document says, before saying, “Stop, well, fuck it” and attacking her with a stun gun from about 5 to 6 feet away.
He has not yet entered a plea or made any public comment as he appeared in Cooma Magistrates Court.
The parties in the civil case are scheduled to participate in mediation by December this year.
The case will be heard again in court on October 26.
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