Commissioner of Police v Webeck [1982] AFPDT 3

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IN THE FEDERAL POLICE

DISCIPLINARY TRIBUNAL

REASONS FOR DECISION

24 AUGUST 1982

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MUDGMENT No. £23... A 7PQR-

Prevveel, Gnoeaececene

) No. 3 of 1982

i

THE COMMISSIONER OF POLICE against

SENIOR CONSTABLE KENNETH PETER WEBECK

IN THE MATTER of the Complaints (Australian Federal Police) Act 1981

KELLY, J.

By notice dated 31 May 1982 the Commissioner of Police of the Australian Federal Police instituted proceedings pursuant to Regulation 19 of the Australian Federal Police (Discipline) Regulations against Senior Constable Kenneth Peter Webeck (hereinafter called the "officer") alleging that contrary to the provisions of para.18(1)(d) of those Regulations he had been guilty of improper conduct in his official capacity in that he on 21 May 1981 at Lyneham in the Australian Capital Territory, whilst effecting the arrest of Glen Michael O'Callaghan, assaulted the said Glen Michael O'Callaghan by throwing him against his motor vehicle.

It became clear during the course of evidence before me that the proceedings had been instituted as a result of action taken by the Commonwealth Ombudsman following a complaint made to him by Mr. O'Callaghan. The notice of institution of proceedings was served upon the officer on 9 June 1982. The Commissioner thought fit to determine that the proceedings should be heard and determined by this Tribunal and issued the appropriate notice under sub-s.67(2) of the Complaints (Australian Federal Police) Act 1981 (the "Act"). On 16 July 1982 I determined that I should constitute the Tribunal for the purpose of hearing the proceedings and subsequently gave directions that the hearing should take

place on 11 August 1982.

When the matter came on to be heard on that day the Commissioner was represented by Mr. A. Colefax: while the officer was represented by Mr. S. Wilcox. No doubt the delay between the alleged breach by the officer and the institution of proceedings by the Commissioner is to be