McEwen v Commissioner of Police {1983] AFPDT 4

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1? | IN THE FEDERAL POLICE ) ) No. 10 of 1983 | DISCIPLINARY TRIBUNAL ) | BETWEEN: EDWARD JOHN McEWEN Appellant AND: THE COMMISSIONER OF POLICE Respondent | | | i! | ORDERS | THE PRESIDENT | 9 DECEMBER 1983

CANBERRA, A.C.T.

THE TRIBUNAL ORDERS THAT:

1. The appeals be dismissed.

2. The penalty of dismissal from the Australian Federal Police

of Protective Service First Constable Edward John McEwen imposed in respect of Charges Nos. AFP:36/8283, 37/8283 and

41/8283 is to take effect forthwith.

3. The fines of three days pay, two days pay, two days pay and two days pay imposed in respect of Charges Nos. AFP:35/8283, 38/8283, 39/8283 and 40/8283 respectively are confirmed.

IN THE FEDERAL POLICE

DISCIPLINARY TRIBUNAL

BETWEEN:

AND:

REASONS FOR DECISION:

9 DECEMBER 1983

er

No. 10 of 1983

EDWARD JOHN McEWEN

Appellant

THE COMMISSIONER OF POLICE

Respondent

KELLY J (President)

Protective Service First Constable Edward John McEwen (the Appellant), a member of the Australian Federal Police, appealed against a number of penalties imposed upon him by the Commissioner of Police pursuant to s.67(6) of the Complaints (Australian Federal | Police) Act 1981 (the Act). He had been charged with seven disciplinary offences before a member of the Tribunal, Mr. J.R.B. Norris, Q.C. He pleaded guilty to each charge. The Tribunal recorded a finding that he was guilty of each and, as required by the Act, remitted the proceedings to the Commissioner of Police for the imposition of penalties. |

The charges, all in respect of breaches of the Australian

@ Federal Police (Discipline) Regulations (the Regulations), were |

particularised as follows:-

That the Appellant was guilty of a disciplinary offence specified in paragraph 18(1)(a) of the Regulations by contravening -

1. a provision of Division 1 of the Regulations, namely paragraph 4.(1)(a), in that on 20 March 1982 at Mile End in the State of South Australia, having been required to perform duty at Mile End Station for the period commencing at 1400 hours, and thereafter until 2200 hours, on that date he, not having been granted leave of absence for that period, failed to report for duty (Australian Federal Police Charge No. AFP:35/8283);