Commissioner of Police v Scanes [1983] AFPDT 2

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Hye JUDGMENT No. «ale Pal sanded Ge

IN THE FEDERAL POLICE

No. 7 of 1983

Re

DISCIPLINARY TRIBUNAL

THE COMMISSIONER OFJPOLICE

against

SERGEANT WARREN DAVID SCANES

IN THE MATTER of the Complaints Australian Federal Police) Act

FINDINGS

'

THE PRESIDENT (KELLY J) 9 DECEMBER 1983

CANBERRA, A.C.T.

THE TRIBUNAL FINDS THAT: - |

1. Sergeant Warren David SCANES is guilty of the disciplinary offence alleged in Charge No. AFP:51/8283, namely:- |

That he was guilty of improper conduct in his official capacity, contrary to the provisions of paragraph 18(1)(d) of the Australian Federal Police (Discipline) Regulations, in that on or about 16 July 1982, on the western side of Commonwealth Avenue between the Albert Hall and Commonwealth Avenue Bridge, Canberra in the Australian Capital Territory, he did seize Danilo RABER and pull him out of his motor vehicle and then did strike him about the head with his hand.

2. Sergeant Warren David SCANES is not guilty of the disciplinary... offence alleged in Charge No. AFP:52/8283, namely:-. improper conduct in his nirary to the ovrovisions official capacity, ' ot the Australian Federal

That he was guilty of te) of paragrapa 13(1)°@d

Police (Discipline) Regulations, in that on or about 16 July 1982, in the vicinity of Albert Street and Barrine Drive in Acton Park, Canberra in the Australian Capital Territory, he did strike Danilo RABER about the face with his hand.

3. Sergeant Warren David SCANES is guilty of the disciplinary offence alleged in Charge No. AFP:53/8283, namely:-

That he was careless in the discharge of his duties contrary to the provisions of paragraph 18(1)(c) of the Australian Federal Police (Discipline) Regulations, in that on or about 16 July 1982, having required Danilo RABER to produce for inspection his licence to drive a motor vehicle and the said Danilo RABER having so produced nis licence, he failed to ensure that the said licence was returned to him.