Commissioner of Police v Gander [1982] AFPDT 5

re —_ — mnt

q- . 5 JUDGMENT No. Pu Boeul wd

IN THE FEDERAL POLICE ) No. 6 of 1982 ) DISCIPLINARY TRIBUNAL ) No. 7 of 1982

THE COMMISSIONER OF POLICE

against

PROTECTIVE SERVICE SENIOR CONSTABLE BARRY DESMOND GANDER

THE COMMISSIONER OF POLICE

against

FIRST CONSTABLE DANNY JOHNSON

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

REASONS FOR DECISION MR_J.R.B. NORRIS Q.C.

8 Gctober 1982

Protective Service Senior Constable Barry Desmond Gander has been charged with a disciplinary offence pursuant to paragraph 18(1)(d) of the Australian Federal Police Disciplinary Regulations and First Constable Danny Johnson has been charged with an offence under paragraph 18(1)(b). It is a question of fact as to whether the assault or assaults alleged by Mr Chhotu

took place. The onus rests upon the commissioner to satisfy me

on the balance of probabilities, subject to this: that I should

bear in mind the gravity of the charges made against the officers

concerned - Scanes -v- Wilson, 22 FLR 262 at 268/9. I am not so

satisfied.

Mr Chhotu, I shall refer to him from time to time as the complainant, convinced me that he was a person who was prepared to tamper with the truth if to do so would work to his advantage.

That of course is not to say that he necessarily would lie to this tribunal but it does follow that his evidence must be scrutinised with extreme care. There is little corroboration of his allegations. Mr Singh who no doubt because of his own problems adopted a rather disinterested attitude spoke of the complainant: "Looking as

though he had been crying and he had a swelling on his left cheek." It is difficult to be impressed with his evidence and I was not impressed by it, especially in the light of inter alia Mr Dickie's observations that there was no sign of injury or of crying. I

have no difficulty in accepting Mr Dickie as a person who would