Federal Court of Australia
en
JUDGMENT No... 282. wl LED
FEDERAL POLICE DISCIPLINARY TRIBUNAL )
) AUSTRALIAN CAPITAL TERRITORY ) No. 2 of 1982
Between = THE COMMISSIONER OF POLICE
and
DETECTIVE SERGEANT RICHARD THOMAS NINNESS
Monday QL NovinBER /4§2.
before me
1.
REASONS FOR DECISION
Detective Sergeant Richard Thomas Ninness appeared charged with the following offences:
Pursuant to Paragraph 18(1)(d) of the Australian Federal Police (Discipline) Regulations that he at Woden in the Australian Capital Territory on
19th February, 1982 was guilty of improper conduct in his official capacity; and
Pursuant to Paragraph 18(1)(g) of the Australian Federal Police (Discipline) Regulations that he at Woden in the Australian Capital Territory cn
19th February, 1982 did act in a manner that brought discredit to the reputation of the Australian Federal Police.
Miss Honcope on behalf of the Commissioner of the
Australian Federal Police indicated that the charge pursuant to paragraph 18(1)(d) was to proceed in the first instance with the charge pursuant to section 18(1)(g) only to proceed in the event there was not a finding in favour of the Commissioner in respect of the first charge. The particulars
«-/2.
provided in respect of each of the charges was identical in the following terms:
"that the said Richard Thomas Ninness
on 19th February, 1982 at Woden in the Australian Capital Territory, did by means
of intimidation, induce James McKenzie Kirkpatrick to sign a written statement,
which said statement James McKenzie Kirkpatrick would not otherwise have signed".
Paragraph 18(1)(d) of the Australian Federal Police (Disclipline) Regulations provides as follows:
OO A member is guilty of a disciplinary
/ offence and is subject to punishment in accordance with these Regulations if the member is guilty of disgraceful or improper conduct either in his official capacity cr otherwise.
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